Our Illinois birth injury attorneys recently learned about a case where the parents of a baby that developed cerebral palsy as a result of the delivering doctor’s negligence sued the doctor and recovered over a million dollars in damages. According to a news release on Law Firm News Wire, the doctor failed to miss obvious signs that the baby was in distress and in turn failed to take the appropriate measures necessary to keep the baby from developing a serious birth injury. When the mother went in for a checkup the doctor noticed the baby had a low heart rate and suggested inducing labor. The doctor then chose not to deliver the baby by C-section, as was originally planned, and this is the point at which the baby lost oxygen and developed cerebral palsy as well as other injuries. The doctor claimed that she did not notice anything wrong with the baby and that is the reason she opted against the C-section. Evidence at trial showed that had the baby been delivered by a C-section that the baby may not have been born with cerebral palsy. The medical malpractice lawsuit was brought by the parents of the baby against the doctor responsible for the cerebral palsy birth injury, and the jury found for the parents and found that the doctor was in fact negligent in his care during the birth of the baby.
Cerebral palsy is a disorder that cause brain and nervous system functions to be impaired and can greatly affect a person’s ability to think, hear, learn, see and move. These types of injuries often occur while the baby is in the womb or within the first couple years of life, and unfortunately may occur during childbirth if the baby is not getting oxygen to their brain for too long a period of time. There is no cure for cerebral palsy but treatment is aimed to help the person with cerebral palsy have as independent of a life as possible, and may include physical therapy, special diets, communication tools, and surgeries where necessary.
Certain cases of cerebral palsy may occur within the womb and can usually be avoided by making sure that the mother and baby have the proper prenatal care, as infections in the mother can lead to cerebral palsy in the baby. All doctors that are treating pregnant mothers need to be very aware of the mother and baby’s health at all times during pregnancy to make sure that the baby does not end up with a disorder that could have been avoided. Also, cerebral palsy can occur, such as in this birth injury lawsuit, when the baby does not get enough oxygen during birth. A doctor helping with a birth needs to be carefully monitoring the baby at all times and make sure that if the baby is not getting oxygen that they are able to act fast to try to avoid complications. In cases such as this lawsuit, a doctor’s negligence in being unaware of the warning signs lead to an incurable birth injury and caused the family great distress.
Our Chicago personal injury attorneys have helped out families all over Illinois when their baby was injured during the birthing process by a doctor, nurse, or hospital staff member who acted negligently. If you or a loved one have experienced this type of hardship, please do not hesitate to call us today to discuss the options available to you and your family.