When a woman delivers a baby in a hospital, she is hooked up to numerous monitoring devices which record the unborn baby’s vital signs. Nurses and doctors are trained to read these records and must know when fetal monitoring indicates that an unborn baby is in distress. In cases where a baby’s heart rate or blood pressure drops, doctors must act quickly to deliver a baby.
A civil medical malpractice trail recently ended with a jury awarding the parents of a 4-year-old boy a $55 million settlement. At issue in the case was whether the hospital and doctor were negligent in both failing to recognize signs of fetal distress and in acting appropriately based on these signs.
During the boy’s birth, fetal monitoring showed signs that the baby was experiencing distress and was deprived of oxygen. Despite the worrisome signs and the baby’s large size, the doctor continued with the vaginal birth. Upon delivery, the baby exhibited symptoms of oxygen deprivation and brain damage.
Today, the 4-year-old has cerebral palsy and severe disabilities. He has delayed mobile and speech skills and requires constant assistance, care and supervision. The boy’s prognosis is not clear, but he will likely require long-term care which is extremely costly.
The emotional and financial hardships associated with a birth injury are often difficult to quantify. While nothing can right the wrongs that occurred during a baby’s delivery, taking legal action can help ensure Illinois families have the financial means to provide for a child with physical or developmental disabilities.
Source: The Morning Call, “Lehigh County jury awards family $55 million in medical malpractice case against St. Luke’s,” Kevin Amerman, Dec. 23, 2013
