According to report, the problems stemmed from a traumatic birth that took place in late February of 2008. The mother arrived at a state hospital while in active labor. The labor went on for eight hours before the medical team decided that a surgical C-section birth was necessary. While in the operating room having the procedure performed, the lawsuit claims that the dome of the woman’s bladder was cut. Not only that, but her son was born with severe complications. He has a skull deformity, partial skull fracture, and suffered a subdural hemorrhage-a significant brain injury.
The mother eventually field suit explaining that the injuries should have been prevented. Besides her bladder laceration, she also claims to have developed a range of complications including a pelvic abscess, bowel obstruction, and wound separation. T he hospital in this case was affiliated with a state university which itself is run by the public at large. As a result, the lawsuit names the state as defendant, because the state is responsible for the conduct of employees at state-owned facilities.
The family claims that they are seeking recovery for both the mother and child’s injuries. The damages they are hoping to have compensated are similar to those recoverable in all birth injury cases. Specifically, the documents filed with the court explains that the family seeks recovery for the child’s physical and mental pain, loss of full body, loss of income and loss of earning capacity. In addition, they are seeking recovery for future medical expenses. Similarly, the mother is praying for damages for pain and suffering, medical expenses, and loss of companionship.
The overall effect that these preventable injuries have on the involved families is always hard to encapsulate in financial terms. However, the law has created a system whereby fellow community members can analyze the situation to agree upon financial sums that they deem appropriate considering what happened in each individual case. It is far from perfect, but it is the best process we have to fairly compensate those for losses that cannot be fully fixed.
Preventable injuries caused by errors made during the birthing process can happen in vaginal birth as well as during C-sections. Each Chicago medical malpractice lawyer at our firm has worked with many local families who have suffered injuries similar to those outlined in this case. If you or a loved one has been hurt during pregnancy, please reach out to our attorneys to see how we can help. We understand that many families do not have all of the answers when it comes to understanding how and why their injuries occurred. Part of the work that our attorneys do is helping to ensure a full investigation into your situation is conducted to understand exactly what happened and to determine if it should have been prevented. In other words, there is nothing to lose from at least explaining what happened in your case to learn more.
See Our Related Blog Posts: