The birth of a child is supposed to be a momentous occasion for any family. While there are a number of potential health issues with each birth, we have an expectation that the doctors will act accordingly to minimize the risks of any potential problems. Unfortunately, sometimes the doctors’ actions can result in avoidable birth injuries. A birth injury from a baby boy in 2005 has made recent headlines after a substantial award from a Tennessee jury. If your child has suffered a birth injury as a result of medical malpractice, we encourage you to contact a Tennessee medical malpractice attorney today to discuss your legal options.
Earlier this week a Memphis jury awarded $33.5 million to cover the future health care costs and other damages due to a boy, now 8 years old, who had suffered severe birth injuries. The injuries resulted from lengthy delays in performing an urgently needed cesarean section even after the prompting of other physicians. Because of the delays in performing the surgery, the child was born with severe brain damage that left him with cognitive impairments as well as a form of cerebral palsy, known as spastic quadriplegia. This type of cerebral palsy significantly restricts the body’s ability to use its arms and legs and control necessary functions. The child will have to struggle with the effects of this condition for the remainder of his life.
The jury, comprised of 10 women and two men, rendered a unanimous verdict against obstetrician Gary Lipscomb, M.D., and his employer, UT Medical Group, Inc. The case was heard in Shelby County Circuit Court in Memphis, Tennessee.
After being seen and tested by a doctor at UT Medical Group’s high risk obstetrical clinic, the mother of the child was sent by a doctor to hospital to deliver the child. Tests had shown that the fetus was showing signs of stress and would be subjected to significant risk of injury if not delivered quickly. However, the doctors did not have the mother deliver the child until six hours after her arrival to the hospital. Even after doctors had scheduled the urgently needed surgery for that afternoon, that deadline was missed by 79 minutes. Evidence presented at trial showed that even if the birth had taken place 20 minutes earlier than it actually did the injuries to the child would have been prevented.
The lead attorney on the case stated, “The jury delivered justice to this little boy, whose life was tragically and avoidably altered.”
If your child has suffered a birth injury, you should contact a Tennessee medical malpractice attorney. Your child may be eligible for compensation for the injuries that he or she has suffered during birth as a result of medical malpractice or negligence. Our team of experienced birth injury attorneys would be happy to answer any questions you may have that are related to your claim. At The Higgins Firm, we want to make sure that you receive the compensation that you deserve for the injuries that your child has suffered.