A Texas couple has filed a birth injury lawsuit against West Virginia University Hospitals for injuries, which they claim their infant daughter suffered due to the hospital staff’s negligence at the time of her birth. According to a news report in The West Virginia Record, the child was born on July 7, 2010 with no heart rate and several other serious complications. The lawsuit alleges that the child suffered severe birth injuries because of the hospital staff’s failure to monitor the mother and child despite consistent signs of fetal distress in the days and hours leading to the birth.
The lawsuit also states that doctors failed to perform an emergency C-section that was warranted under the circumstances. As a result of such negligence, the couple says that their daughter suffered from hypoxic ischemic encephalopathy. The girl now has a number of developmental issues including neurological problems and speech issues. The lawsuit seeks compensation for medical expenses, loss of income, impairment of earning power, loss of enjoyment of life, pain and suffering, permanent disability, disfigurement and other damages.
Medical Malpractice and Birth Injuries
There are many ways that a doctor’s actions or lack of action can lead to serious birth injuries. Medical professionals have a legal obligation to perform proper diagnosis and monitor the mother and fetus throughout the pregnancy. During labor and delivery, a doctor must do what is in the best interest of the fetus and the mother. For example, if a C-section is required in order to ensure the health and well being of the mother and child, it must be performed. The decisions made by a doctor in such situations can prove life changing for children and their families.
Compensation in Birth Injury Cases
Birth injuries can leave children with permanent disabilities such as brain damage. Many of them may require life long treatment and care. The cost of such care over the child’s lifetime could easily add up to millions of dollars. In cases where the birth injuries are caused by the negligence of a doctor or hospital staff, victims’ families could seek compensation by filing a medical malpractice lawsuit. If your loved one has been injured in a New York medical malpractice incident, the New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options.
One of our clients recovered a $43,940,000 verdict for a child who suffered irreversible brain damage and cerebral palsy after the hospital failed to diagnose fetal distress. The cerebral palsy in that case was the result of lack of oxygen to the brain. Thereafter, because the verdict was so huge, an appeals court reduced this verdict to about $7 million. Please contact us 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: The West Virginia Record