$15M awarded in prenatal negligence case

$15M awarded in prenatal negligence case

Recently, the federal government paid a woman $15 million in a birth injury lawsuit based on medical malpractice. The birth injury settlement was achieved in a bench trial after the judge determined that the hospital was at fault. The family asserted that the mother received negligent prenatal care and that this mismanagement translated into errors at birth. The failures included not adequately taking the mother's prior medical history into consideration. The woman had previously had complications during pregnancy, leading to the need for a Cesarean Section (C-Section). She quickly became pregnant again, which increased the likelihood that a vaginal birth would fail, and a C-Section would be necessary. However, instead of acting on this prior information, counselling the mother regarding the risks and dangers of a vaginal birth, she was provided standard counseling and provided a standard consent form.

These errors in communication denied the mother the proper information to make an informed decision. Unfortunately, the child suffered a hypoxic ischemic event resulting in a brain injury. He now has cerebral palsy, and is confined to a wheelchair. He is non-verbal, and has a seizure disorder.

Proper communication between doctors and patients, and with other hospital staff is crucial to minimizing the risks of medical malpractice and improving the chances for the best possible outcome in any healthcare situation. This includes properly documenting a patient's history and making the correct diagnoses and treatment plans based on this history. When errors occur the outcome can be catastrophic, and last a lifetime.

For more information, or if you believe you or a loved one were harmed due to a communication error or any other form of negligent medical care, please contact the compassionate California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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