Risks are ever-present whenever a mother goes into labor. For all of our medical advances, childbirth remains a medical event that can always lead to harm to both the new child and mother. Childbirth is delicate, everyone appreciates that, and so proper caution must be taken at all times to ensure preventable harm is avoided.
Sometimes those precautions are not taken. This negligence strikes in public hospitals, private hospitals, military hospitals, at-home births, and anywhere else that delivery occurs. In all cases, those affected likely have legal options to ensure they receive redress to help with their losses on top of demanding accountability with the hope of spurring change that can save lives in the future.
Birth Injury Settlement
Consider a recent case reported by KDH News. According to the story, a military spouse went to the Darnall Army Medical Center at Fort Hood in order to give birth to her son. A later lawsuit alleged that complications developed during the birth that were ignored (or unnoticed) by the medical team. Specifically, the mother was given the drug oxytocin to help stimulate the birth. Unfortunately, the drug led to overstimulation of contractions which were not identified.
As a result of the medical team’s slow response to the problems, the family argued that a necessary Cesarean section birth was delayed. The delay forced the child to linger for an extended period of time without oxygen reaching the brain. When the child was finally born, it was clear that something was wrong. He was airlifted to another facility and forced to stay in the hospital receiving close monitoring for an extended period of time.
It was only later that the family learned that their new son suffered a serious brain injury at birth. As expected, the brain injury resulted in the child developing cerebral palsy. The cerebral palsy will likely affect the child for the rest of his life, requiring advanced treatment and rehabilitation support.
Upon consultations with a legal professional, the family eventually filed a lawsuit against the involved parties seeking accountability for the lapses which they claimed led to the injury. Recently, a settlement was reached in the case and the federal government agreed to pay $6.5 million to the family to cover the lifetime costs of the negligence which led to the child’s injury.
Time Matters in Preventing Cerebral Palsy
This fact pattern is somewhat unique in that it involved a birth at a military hospital.There are many unique legal procedural issues that may apply in cases like this with a public body as a defendant. However beyond that, the actual details of the negligent birth are similar to those that strike all the time in the Chicago area.
When birth complications develop, it is absolutely essential that caregivers react quickly. That is because even a few minutes delay can be the difference between no injury and serious brain damage that leads to cerebral palsy. On some occasions, the harm is completely unavoidable. However, an attorney can explain if the delay in emergency treatment violated standard medical protocols. If those reasonable standards are are were not met, then the civil law allows parties to recover for their losses
See Other Blog Posts: