Oxygen deprivation and the use of forceps can pose serious risks to infants during birth. Both factors can cause severe and permanent injuries if not addressed appropriately and in a timely manner. New Mexico parents expect that attending physicians will practice the necessary medical care in the birth process that will prevent fetal distress and brain injuries during the labor process.

A recent article describes the plight of a couple who brought a negligence lawsuit against a hospital, physician and midwife that were involved in the birth of their child. According to trial documents and the plaintiffs’ attorney, the jury found that the child’s delivery was mismanaged by the physician and midwife. Specifically, breathing problems were unattended and forceps were improperly utilized during delivery, which caused brain damage to the infant.

Due to the evidence of the misapplication of forceps and the fact that the investigation discovered that the child’s patient record had been tampered with, the jury ruled in favor of the plantiffs. Even after the $11.5M verdict, the defendants in the case continue to maintain that the infant suffered a stroke. They also state that the child’s medical issues were completely unrelated to his delivery.

There is little doubt that financial compensation can undo past mistakes or atone for permanent and lifelong brain injuries. However, settlements and awards received through successful medical malpractice lawsuits often play a necessary role in compensating for subsequent medical care and other related damages to patients and their families. Most in New Mexico who are faced with similar medical issues seek the counsel of experienced medical malpractice attorneys. Attorneys who focus in this area of law will be in the best position to discuss the best legal options available to their clients.

Source: omaha.com, “Jury awards $11.5 million to Omaha couple in medical malpractice lawsuit over child’s birth“, Russell Hubbard, Oct. 28, 2016