October 8, 2011

Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

by Levin & Perconti

Our Illinois birth accident lawyers have worked with enough victims of birth injuries to understand the immense mental and emotional pain that a family undergoes when they fall victim to improper medical care that injures or kills their young child. It is obviously appropriate for the family members to receive compensation in part for this immense hardship when it is brought upon by the mistakes of medical professionals which should have been avoided. Some birth injury stories remain particularly shocking to the senses of all community members, and it is easy to understand how the emotional scars are likely to stay with the survivors for a lifetime.

Perhaps no case illustrates this damage more than the shocking story reported this week by the Courier Journal about a new birth injury lawsuit related to a decapitated infant. The suit was filed by the child’s mother who recounted a series of mistakes and poor judgments on the part of the medical staff members. The victim was in the hospital after experiencing bleeding with doctors concerned that she was going to give birth early to her child. There is some disagreement between the parties in the suit, but the pregnancy was somewhere between twenty one and twenty four weeks along.

While at the facility the woman claims that she began having problems and tried to use her buzzer to get help. However, she reported that her buzzer calls were ignored even as she began giving birth to the child. Eventually medical crews came into her room and began aiding in the birth. However, the woman claimed that there were a series of mistakes led to more problems. Most notably, the plaintiff claims that the doctors failed to remove a medical device known as a cerclage—a string used to keep the cervix closed. When the child began delivery, the plaintiff claims that the cerclage acted as a noose around the child’s neck. When the doctor pulled too hard on the child during birth, the child was decapitated.

On top of that, the failure to block the view meant the mother was forced to watch as the tragedy occurred. In addition, in an emotional state, the woman asked to hold the child. The facility decided to suture the infant’s head back onto the body and then allow the woman to hold the child throughout the night. She recalls that the experience has pushed her into a depression. The woman continues to have nightmares about the situation.

Our Chicago birth injury attorneys remain shocked that any mother would have to undergo this situation. It is entirely understandable how such an occurrence would have lifelong consequences on the mental and emotional well-being of the mother and her entire family. If the allegations are true, this string of errors cannot be allowed to go without redress. It is often difficult to adequately explain the true emotional, mental, and physical toll that these situations cause. Fortunately, the civil justice system provides a method of compensation by which the family can at least attempt to receive some closure and work toward putting their lives back together.

See Our Related Blog Posts:

Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

Doctor’s Failure to Treat Jaundice Causes Baby to Suffer Cerebral Palsy Birth Injury