Our Chicago birth injury attorneys learned that the lawsuit in which the family of a baby born with severe birth defects, including multiple limbs missing, that sued the doctors for failing to recognize the injuries to the baby while he was in the womb, resulted in a verdict of $4.5 million dollars for the family of the young boy. According to The News Factory, this lawsuit resulted from what has been coined a “wrongful birth” after the doctors that were responsible for monitoring the baby while the mother was pregnant failed to notice the serious problems with the baby while he was in the womb.
While typically birth injury lawsuits involve negligence on the part of the doctor, nurse, or other hospital staff during the delivery process itself, a case such as this one shows that negligence on the part of the doctor or nurses at any point of the pregnancy process can result in a lawsuit on behalf of the injured baby and the baby’s family. In this case, the boy’s injuries were present while in the womb but the doctors and nurses failed to notice, or at least failed to tell the parents, about any problem or birth defects at any time prior to birth. The family did not realize that there was anything wrong with the baby until he was born, at which time the birth defects were obvious because the baby was missing both of his arms and one of his legs. The family alleged that it was negligent of the doctors and nurses to either fail to realize that there was a problem during the pregnancy, or if they did realize that there were problems that they were negligent in failing to inform the parents of what to expect.
The birth injury lawsuit that was filed by the parents of the young boy sought $9 million dollars in damages, to help cover his medical expenses and other bills as well as to help compensate the young boy and his family for the pain and suffering and the difficulties that the young boy will face as he gets older. The negligence lawsuit resulted in a finding of $4.5 million dollars for the young boy and his family, finding that due to the negligence on the part of the doctor the family was not aware of the boy’s problems until it was too late for them to make a decision as to what to do.