Communication Error Leads to Settlement in Birth Injury Case

Communication Error Leads to Settlement in Birth Injury Case

A jury has reached a $229.6 verdict in a birth injury case.  The case involved devastating communication errors concerning the viability of her pregnancy and her child’s likelihood of survival post-delivery.  Medical negligence and medical errors occur at an alarming rate in California and across the nation.  While medical malpractice can arise in a wide variety of circumstances, errors based on communication are one of the most frequent.  Communication errors can occur among medical staff concerning the care of a patient, or between the patient and the care giver. 

In this instance, the woman began experiencing preeclampsia – a serious pregnancy complication.  The obstetric staff, including doctors and other health care providers began telling the woman that the baby’s prognosis was poor, would likely have severe neurodevelopmental complications and had a high probability of death. Based on these assessments, the mother opted to have an unmonitored vaginal birth, rather than a Cesarean Section. 

The child survived, but sustained significant birth injuries, including cerebral palsy.   The jury determined that the injuries stemmed from the hospital staff providing her the wrong prognosis, which influenced the birthing method the mother chose, leading to the child’s permanent birth injuries.

The verdict included damages for past medical expenses, lost earnings, and non-economic damages.  However, the majority - $200 million – was for the child’s future damages.

For more information or if you believe that you or a loved one has sustained an injury due to negligent medical care, please contact the experienced and compassionate California birth injury lawyers at Bostwick and Peterson, LLP for an immediate consultation. 


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