The Sun Journal reported early last month on the end of a medical malpractice lawsuit resulting from problems during childbirth. The lawsuit was filed against a hospital and the midwife who helped in the delivery.
The child, now 10 years old, was born with severe medical problems. She now has Kabuki Syndrome-a rare genetic disorder that comes with a variety of issues. The victim has severe mental retardation, is confined to a wheelchair, and requires a feeding tube to survive. On top of that, the young girl is blind and cannot verbally communicate.
The child’s attorney argued that the girl’s injuries were caused by a lack of oxygen during childbirth. Specifically, the midwife should have known that problems were developing that needed injury when the fetal monitor indicated that there was a problem.
The midwife lost a similar suit following the birth of another child in which she was aiding the delivery. In that case the family of a 5-year old recovered $6.71 million after their son was born with cerebral palsy. As in the most recent case, the child suffered injury because of a lack of blood and oxygen to his brain. In each of these cases, the midwife should have recognized the signs of fetal distress and recommended an emergency Cesarean section.
Our Chicago medical malpractice attorneys at Levin & Perconti have worked with many families whose children suffered injury during the birthing process. For example, last year we recovered $6.5 million in a settlement for the family of a young girl who developed cerebral palsy and mild mental retardation after a physician failed to perform a timely Cesarean section. Childbirth injuries are often some of the most devastating because they often have ramifications for an entire life. It is essential that all those involved in the process exercise the standard of care required to avoid all preventable problems.
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