Injury Lawyer News reported this week on the details on a new birth injury lawsuit filed by a family against medical providers who, they claim, acted negligently during the birth of their child. As with all negligence cases stemming from birth, the consequences on the young child were significant. The young girl’s life in this case will forever be affected by the damage caused during her delivery. If violations of reasonable standards of care are found, it is only fair that the young girl recieves compensation so that she can best deal with her injuries. That is at the root of all cases in this area of the law.
Cerebral Palsy Lawsuit
This latest suit includes themes that are common to many of these suits, including many on which the attorneys at our firm have worked. In particular the court documents filed in the case allege that as a result of negligence by the attending doctor in the birth, the child developed a severe form of cerebral palsy. She is now a spastic quadriplegic and will obviously face severe challenges throughout her life as a result.
Blog readers are likely aware that cerebral palsy is actually a catch-all term that applies to a wide range of injuries in the brain that usually affect one’s mobility and cognitive functioning. There is no single set of symptoms of the condition. Some have milder forms of cerebral palsy that have less effect on a child’s long-term health and well-being. However, in more severe cases, as in this case, the consequences are far-reaching. Those affected are often confined to a wheelchair, have severe cognitive impairments, and often need the care of an aide around the clock. The young girl in this case suffers from spastic quadriplegia, which affects all of her limbs.
The lawsuit points to the induction of labor as the critical problem in this case. The girl’s mother went in for labor in March of 2001. During the induction the medical team administered prostoglandin gel intracervically. However, there are discrepencies regarding the amount of the gel actually given. The doctor indicated that he gave 1.0 milligrams. But that differs from documentation taken by the nurse in attendance. The nurse’s records reveal that the amount was 1.5 milligrams. These sorts of discrepencies are not uncommon, though they may indicate a real problem with the care provided to the mother during the delivery.
Unfortunately, the mother and unborn child did not respond well to the gel. According to the story, not long after the prostoglandin gel was given there were clear signs of fetal distress. That distress is indicated by problems on the fetal heart monitor strip. In addition, the mother has severe hyperstimulation following the application of the gel. After all of this trouble a C-section was eventually performed. The surgical birth was too late, as the damage to the young child was already done.
The subsequent lawsuit alleges that the doctor in the case was negligent in applying the gel. In addition, the plaintiffs allege that the doctor should have more quickly indentified the fetal distress as indicated on the monitoring system. If he would have done that, the family alleges, then the C-section would have occurred sooner and the child might have been born without severe problems. The family is hoping to hold the medical team accountable and is seeking compensation for the long-term care that the child will need as a result of her severe cerebral palsy.
See Our Related Blog Posts: