Birth injuries occur in hospitals in New York and around the country far too often. In late September, a jury awarded $3 million on behalf of a boy who was injured during delivery. The incident occurred almost a decade ago.
According to the lawsuit, which was filed in New Castle County Superior Court in 2014, the baby’s mother agreed to have labor induced on April 9, 2008. The baby’s right shoulder became stuck in his mother’s pelvis during delivery, and the obstetrician swiftly pulled on the baby’s head to dislodge him. The action caused nerves in the baby’s shoulder to overstretch and tear, resulting in permanent damage. The suit alleged that the doctor failed to notify the mother of the risks involved with pulling the baby out.
The child suffers from mobility problems in his right arm. The lawsuit stated that he cannot ride a bike, zip his pants or reach behind his head. Some of the fingers on his right hand also twitch uncontrollably, and his right arm is four inches shorter than his left. According to court records, the obstetrician was also sued for medical malpractice in 2004. That complaint was settled out of court. The doctor is not expected to lose his license over the latest suit.
When a birth injury occurs due to doctor error, it may be advisable to file a medical malpractice lawsuit against the negligent obstetrician seeking compensation for damages. If the complaint is successful, the victim’s family could receive a financial settlement that covers current and future medical expenses, pain and suffering, and other amounts. Victims could find out more about their legal rights by discussing their case with an attorney.
Source: USA Today, "Doctor ordered to pay $3 million in birth injury case", Margie Fishman, Sept. 28, 2017