A jury has awarded $30M to the family of a baby who was born with severe brain damage at birth. According to evidence presented at trial, the girl's mother came to a local medical center at 28-weeks pregnant concerned because the baby's activity had decreased. The woman was admitted to the hospital for monitoring. Although the first night the baby was fine, plaintiffs asserted that around 5:30 p.m. on the second day fetal monitors indicated that the baby's heart rate dropped, a warning sign the child was in distress and signaling the need for quick action, according to the lawsuit. However, when medical staff contacted the doctor on called, he opted to stay at home rather than come in. In order to show medical malpractice, the injured party must prove that the doctor failed to comply with the standard of care for his position.
In this instance, the family asserted that the doctor should have immediately performed a c-section when staff first noticed the drops in heart rate, rather than delaying the operation until several hours later – at 9:20 p.m. When the child was delivered, she was unresponsive and had suffered a serious brain injury as the result of oxygen deprivation.
The child now has permanent brain damage, and is unable to walk or talk. She is also legally blind and must be fed through a tube. The verdict amount will help pay for a lifetime of care for the child.
For more information or if you believe that your child has suffered a birth injury as the result of medical malpractice, please contact the experienced Los Angeles birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.
