Articles Tagged with birth malpractice

A wrongful birth medical malpractice case alleges that a heath care provider such as a doctor (such as an OBGYN or radiologist), hospital or laboratory was negligent by failing to properly inform a pregnant mother that her fetus had some serious medical condition, so that the mother would have had an opportunity to terminate the pregnancy.

Late last month, a Georgia jury awarded $30.5 million to the family of a child who suffered a catastrophic brain injury while being delivered.  The child’s mother presented to her OB-GYN for a regularly-scheduled visit at 35 weeks, where a non-stress test was performed and found to be non-reactive.  A few days after that scheduled visit, the mother returned for an unscheduled visit with a chief complaint of reduced or absent fetal movement.  A second non-stress test was again non-reactive and an ultrasound demonstrated possibility of reversal end diastolic blood flow, a severe condition that results from an increase in resistance to blood flow within the placenta.

Last year, a judge in an Ohio medical malpractice case awarded $24.9 million to a child born with cerebral palsy and to his parents.  According to the lawsuit, the boy, born in 2010, suffered a deprivation of oxygen during his birth.  The family alleged that the signs and symptoms of fetal distress were not recognized or acted upon in a timely fashion, despite the use of a fetal heart monitor.  The lack of oxygen resulted in a severe and irreversible brain injury that caused developmental delays and inability to function as a normal child.

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