It all began when doctors told a mother her high blood pressure from preeclampsia would result in either brain damage or the death of her baby. Based on this information and guidance from her physicians, the mother chose not to have a cesarean section. As a result, the mother underwent a long and difficult labor and delivery. During the traditional delivery, the infant did not receive the oxygen she needed and suffered brain damage. This contributed to the development of cerebral palsy.
What is cerebral palsy?
Medical professionals define cerebral palsy as a neurological disability. The symptoms that come with this disability can range in severity and include difficulty controlling one’s muscles. In this case, the infant will require medical care for her cerebral palsy throughout the rest of her life.
What was the legal dispute?
The mother contends that her baby girl would not have suffered these injuries had she received a cesarean section — something she opted against based on the physician’s recommendation. The jury agreed with the mother and awarded over $220 million. The jury intended the award to help ensure the baby girl receives the medical treatment and additional care she will require due to these injuries for the rest of her life.
The hospital has stated it will appeal the holding.
What can other parents learn from this case?
Going through pregnancy is an exciting and frightening time. There are several medical concerns that are discussed, often with both parents. Determining the best treatment options generally relies on the advice of medical professionals. Those who feel their medical professional failed to provide the care needed to ensure a safe and health delivery and instead led to serious injuries to the infant and/or mother may have a case against their physician. Contact an attorney to review the case and discuss your options.