Recently, a jury awarded over $26 million to a young girl in a birth injury lawsuit. The 7-year-old girl was born deaf and suffered other health complications. Had the obstetrician provided better care - and acted according to the standard of care - these complications could have been lessened, the complaint asserted.
Successful medical malpractice/birth injury cases may be brought where a doctor, nurse or other medical professional does not act in accordance with the requisite standard of care for their position and a result, harm occurs.
In this instance, according to court documents, the doctor failed to adequately monitor changes in the mother's cervix. The mother showed signs of pre-term labor including discharge and cramping.
However, despite visits to her obgyn, she was sent home without instructions - such as being placed on bedrest or given hormones which could have helped prevent premature delivery. A few weeks later, the mother delivered twins. One of the twins died, and the other suffered vocal cord paralysis and hearing loss.
Evidence submitted at trial showed that had the obgyn acted within the standard of care, the girl's injuries could have been reduced.
The damages awarded include past pain and suffering, future pain and suffering as well as lost wages. In California, pain and suffering is capped at $250,000 in medical negligence cases due to the Medical Injury Compensation Reform Act (MICRA).
For more information, or if you believe that your child suffered a birth injury as a result of negligent medical care, please contact the experience Los Angeles birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.