It is rare that lawsuits involving well-known academic hospitals and brain injury patients end up in a jury trial. Often, these medical malpractice claims are settled via mediation or in other more private ways before they reach that point. However, a recent verdict awarded millions in restitution that may give hope to those in New Mexico who have been through a similar tragic ordeal.
In a recent case, a major academic medical institution was on trial because of the brain injuries a boy endured during his birth. According to the lawsuit, the university hospital was accused of 20 alleged missteps during the time between a pregnant mother arrived at the hospital and gave birth to her son. The mother came to the hospital when she was 40 weeks pregnant, due to concerns that she felt less movement by her baby.
The lawsuit alleges that the hospital failed to carefully monitor the baby and his mother, did not obtain accurate readings of cord blood gases and did not did not perform a cesarean section in a timely manner because doctors were unaware of the abnormal fetal heart rate patterns which indicated the baby’s distress. When the baby was born, he was diagnosed with severe cerebral palsy, which has required him to be confined to a wheelchair, and to be clothed and fed by his mother. In the years preceding the lawsuit, the university hospital remained unapologetic and would not admit its fault concerning the child’s condition despite the alleged overwhelming medical evidence. The hospital maintained that the child’s problems stemmed from an infection, rather than poor care.
When facing such a tragedy, a victim’s family members in New Mexico could benefit from speaking with an attorney regarding the circumstances of their case. An attorney who has experience in medical malpractice litigation can discuss the unique specifics of the case, and recommend the best way to seek reparation. A potential financial award could assist families in ensuring that their loved ones have the specialized care that they require in order to lead the most fulfilling and productive lives possible.
Source: Chicago Tribune, “Jury hits U. of C. hospital with $53 million malpractice verdict“, Becky Yerak, June 30, 2016