Giving birth to a child is often not without complications. It is not uncommon for mom and baby to suffer minor injuries as a result of the process. However, many mothers and babies in Louisiana and elsewhere experience major complications as a result of their medical providers’ actions during delivery. It was recently reported that a woman in another state won a birth injury claim she filed against the doctor who delivered her baby.
According to the report, the plaintiff went to the hospital to give birth to her son back in 2008. During the delivery, the baby got stuck, and the doctor pulled his head with great force, causing him to suffer shoulder dystocia. This is when the shoulder gets stuck and nerve damage occurs as a result. Sometimes this damage is only temporary and will fix itself. In this particular case, however, the child suffered permanent damage and has needed surgery to correct the issue — which has not been 100 percent effective.
The doctor denied negligence, but a jury disagreed. The woman was awarded $3 million in damages. Despite this ruling, it is believed that the doctor will be able to keep his medical license.
Many health care providers will try to downplay the seriousness of shoulder dystocia, but this case is the perfect example of how bad it can really be. This child does not have full function of his harm. He cannot ride a bike and needs help dressing himself — among other things. These are issues he will have for the rest of his life due to this totally avoidable birth injury. Those in Louisiana who believe that the actions of a medical provider during labor and delivery resulted in their child suffering injuries may, like the woman in this case, have legal recourse.
Source: theglobaldispatch.com, “Jury Awards $3 Million in Birth Injury Case“, Oct. 9, 2017