Published on:

Settlement Reached in Medical Malpractice Lawsuit Involving Brain Injury

Our Chicago medical malpractice lawyers work with victims of medical mistakes who have suffered a wide range of injuries. Some of the most costly and debilitating injuries are those that lead to brain damage. When that occurs, the victims often have permanent, lifelong impairments. The situation is usually most heartbreaking when the patient is a young child who is then forced to live their entire life with the consequences of the medical error.

The South Bend Tribune recently discussed a settlement in a medical malpractice lawsuit that involved a young child who suffered a permanent brain injury due to a medical error. The young victim had been born two months premature and needed assistance to breathe in the early part of his life. In order to provide the extra care he needed his family hired a nurse to work at the family home. The medical worker was an employee of the Northern Indiana Health Care Company.

The accident occurred in March of 2007 when the then two-year-old child was receiving care from the nurse in his home. The boy’s breathing tube became blocked with mucus as he was being assisted. The blockage prevented oxygen from reaching his brain. The nurse was unable to clear the blockage. However, instead of replacing the tube when the blockage could not be removed, she decided to leave the blockage and call 911. That meant that there was a ten minute delay until emergency responders actually restored the child’s breathing. The delay led to severe brain damage. The injury will cause the child permanent problems, and he will need expert care around the clock for the rest of his life because of the error.

Eventually, the child’s parents filed a medical malpractice lawsuit on their son’s behalf. Like any parent in this situation, they have the power to protect the rights of their child who received substandard medical care. The trial had been underway for four days last week when it abruptly ended following an out-of-court-settlement between the parties. The family had asked for $10 million to cover the consequences of the medical error. The total amount of the settlement has yet to be released.

Many victims of Illinois medical malpractice in our area are unfamiliar with the legal system as it relates to a potential trial and possible settlement. It surprises many that a settlement can be reached even after a trial has commenced. In fact, settlement can even be reached after a jury verdict. The civil justice system is different than the criminal system in that it exists specifically to adjudicate disputes between private parties. In that way, those parties are free at any time to reach agreements related to their situation.

Our Illinois medical malpractice attorneys have helped thousands of area families reach settlements after they were harmed by the negligence of others-including medical professionals. Our lawyers have won countless successful jury verdicts as well. Each case presents a different situation that is evaluated on its own terms. Our attorneys work closely with all victims to determine if a fair settlement is being offered or if the case should be brought to trial.

See Our Related Blog Posts:

Levin & Perconti Help Medical Malpractice Victim Obtain $750,000 Settlement

Chicago Daily Law Bulletin Covers Levin & Perconti Medical Malpractice Settlement