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Plaintiffs prevail in medical malpractice case

A dozen years have passed since she went to a hospital, worried about her unborn child. There was decreased fetal movement and so the woman went to get help from doctors trained to understand and treat those kinds of medical situations.

According to a recent media report, she was evaluated immediately by a first-year resident who quickly decided that it was a case of fetal distress. Unfortunately, another 11 hours passed before action was taken. By then, it was too late. The child was born with severe cerebral palsy and a seizure disorder.

Twelve years old now, the boy must be fed and clothed by his mom. And he lives his life in a wheelchair. There is no cure for the brain damage he suffered in birth.

His mother filed a medical malpractice lawsuit, which was decided by a jury in her family's favor. The verdict was $53 million.

In her claim, she and her attorney described more than a dozen errors doctors and nurses made, including:

  • A failure to carefully monitor her and the baby
  • A failure to perform a timely C-section
  • A failure to observe abnormal fetal heart rates that indicated distress such as a lack of oxygen

After the jury found in favor of the mother and her child, the hospital asked for a new trial. The hospital argued that the child was never deprived of oxygen and that both mother and baby had been treated for an infection that can cause cerebral palsy.

The arguments were rejected by the court.

It is not yet clear that the hospital will file an appeal of the verdict or if it will finally compensate the mom and boy for the horrific damages they have suffered.

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