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$11.75 million awarded in birth injury medical malpractice suit

For many people in Pennsylvania, the delivery of a child is fairly straightforward. Often, even if there are complications in a pregnancy or delivery, skilled doctors or other health care providers can take appropriate action in order to ensure a safe delivery for both the child and the mother. Unfortunately, parents in another state claim that medical malpractice caused their son's birth injury.

The lawsuit claims that the now 9-year-old suffered brain damage as a result of the delivery. His injuries will reportedly follow him for the rest of his life. According to his parents, he will likely never be able to care for himself.

The boy reportedly was not breathing when he was born. He was later diagnosed with developmental delays and cerebral palsy. The lawsuit made several accusations against the medical staff at the hospital, including that they misinterpreted tapes related to fetal monitoring and other elements of the delivery and botched the mother's induction, among other accusations.

Following a month-long trial, a jury recently awarded the couple $11.75 million, finding that the doctor named in the lawsuit is 30 percent liable and the hospital 70 percent. The award will help the family cope with the cost of providing care for their son for the rest of his life as well as compensate them for lost wages and other harm. Most deliveries in Pennsylvania go relatively smoothly; however, medical malpractice during a delivery can cause serious harm. While a successfully presented lawsuit could result in an award of damages that allows families to cope with the resulting medical expenses of such harm, taking legal action can also ensure that similar mistakes are not repeated in the future.

Source:, "Jury awards $11.75 million in damages", Oct. 7, 2016


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