Birth injuries are difficult for parents to deal with on multiple levels. The injuries may take multiple forms including cerebral palsy and brain injury. In addition to the emotional sadness that envelops most when they realize their newborn child will not be able to lead a normal life, there is also the stress of determining how necessary care will be paid for. Depending on the circumstances surrounding the birth injury, sometimes parents in Ohio decide to file a medical malpractice lawsuit against those involved with the birth.
A couple in another state whose child suffers from those conditions filed such a lawsuit. Due to issues surrounding her delivery, the now 9-year-old girl, suffers from cerebral palsy and must use a wheelchair. In addition, she must eat through the use of a feeding tube.
The medical malpractice claim asserted that the doctor attending to the woman did not realize that the baby was experiencing distress and the baby was not delivered as quickly as it should have been. The lawsuit named the doctor as well as the medical center where the delivery took place as defendants.
The case went to trial and was heard by a jury. Recently that jury decided in favor of the couple. They awarded them a total of $15 million. While this amount would undoubtedly go a long way in paying for care of their daughter, they will likely not see that entire award. This is because the state in which this lawsuit was filed has a medical malpractice award cap at $1.25 million.
Residents of Ohio whose children suffer birth injuries should be aware that they may be able to obtain compensation for those injuries. The best way to go about doing this is consulting a lawyer who handles medical malpractice cases.
Source: WBIW, “Evansville Jury Sides With Parents,” Aug. 28, 2013
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Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Every case is unique, and laws are subject to change. Reading this article does not create an attorney-client relationship. Please consult with a qualified attorney regarding your specific legal situation.
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