Birth Injury that Left a Little Boy Requiring Care for the Rest of His Life Settled for $4.7 Million
In a case that highlights the long-lasting effects of medical negligence during childbirth, a $4.7 million settlement was reached in favor of a young boy who sustained a birth injury resulting in permanent disabilities. The injuries were caused by errors made by the labor and delivery team, and they will require the child to receive care for the rest of his life. From a legal perspective, this case demonstrates the critical role of accountability, the importance of adhering to the standard of care, and the value of comprehensive damage assessment in medical malpractice litigation.
The incident occurred during labor where signs of fetal distress were not appropriately addressed. Medical intervention was not performed in a timely manner, and as a result, the baby suffered severe injury.
At the heart of the case was the breach of the accepted standard of care. To prove medical malpractice, the we, as the plaintiff’s attorneys needed to establish four key elements: duty, breach, causation, and damages. Duty was established by the hospital-patient relationship; breach was demonstrated through deviations from medical protocols and standards of care; causation was confirmed by correlating the timing of medical missteps with the onset of brain injury; and damages were meticulously documented through life care planning and economic projections.
Damages in this case were significant and multifaceted. Economic damages included past and future medical costs, the expense of in-home care, therapy, assistive technology, home modifications, and educational accommodations.. Non-economic damages were also substantial, addressing the child’s pain and suffering, loss of normal childhood experiences, and the emotional distress endured by the family.
From a legal strategy standpoint, the we emphasized the lifelong nature of the child’s impairments and the complete dependency he would have on others for basic needs. Photographs, videos, and day-in-the-life documentation illustrated the extent of the disability and the extraordinary challenges the family would face in providing care.
The $4.7 million settlement was designed to cover the child’s lifelong care and to provide some measure of justice to the family. Structured settlement arrangements and trust accounts were established to ensure the funds would be safeguarded and appropriately allocated for future care needs.
From a broader legal and policy standpoint, this case underscores the importance of timely decision-making in obstetric care and the necessity for hospitals to implement fail-safe protocols for fetal monitoring and emergency interventions. It also demonstrates how a well-prepared plaintiff’s legal team, armed with credible expert witnesses and a strong narrative of preventable harm, can compel significant accountability through settlement.
Ultimately, the $4.7 million settlement serves not only as compensation for a lifetime of care needs but also as a reminder of the heavy responsibilities borne by medical professionals. It reinforces the legal system’s role in providing remedies for victims of preventable medical errors and in promoting safer medical practices moving forward.
If you or a loved one was seriously injured or died as a result of medical provider negligence, call me and I’ll Make Them Pay!®
