Rather than take this matter to trial, a military hospital instead has settled out a birth injuries lawsuit for $9 million. It was claimed that the facility did not appropriately respond to symptoms of a uterine rupture when the child was born in 2010. Delays in performing a cesarean section were also mentioned as a possible cause of injuries to the child.
A ruptured uterus can occur for numerous reasons, but such a rupture places both the child and mother at risk. Medical personnel do need to pay careful attention to the possibility of a rupture occurring.
There seemed to have been prior indications that the mother “was at risk for uterine rupture.” Yet when she arrived at the hospital complaining of abdominal pain and after 35 weeks of pregnancy, the hospital apparently failed to consult with the obstetrician who had been managing the mother’s pregnancy.
The child now requires round-the-clock care as is said to have suffered “catastrophic brain injury” during the birth process. The child suffers from cerebral palsy and appears to require ongoing care for the remainder of his life.
Though this did not occur in Connecticut, we do sometimes hear of children suffering from cerebral palsy that came about due to the birth process. As such a malady can be so potentially traumatic, we need to make certain that all efforts are made by medical personnel to prevent this from occurring.
Medical malpractice lawsuits can hold hospitals accountable that do not put into place safety protocol that will prevent birth injuries from occurring. However, it often requires an experienced medical malpractice lawyer to be able to demonstrate whether these birth injuries actually occurred due to negligence.
Source: Insurance Journal, “$9M Settlement For Boy’s Cerebral Palsy from Hawaii Hospital,” Jan. 30, 2014