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$33.8 millon awarded in childbirth medical malpractice case

Although it has been documented that cesarean sections are often performed unnecessarily in Kentucky and all around the United States, it is a medical life-saving surgery for many mothers and babies. One couple in another state is suffering the heartbreaking consequences from one physician’s decision not perform a C-section during their child’s birth.  After examining the evidence presented in their medical malpractice lawsuit, a civil court awarded $33.8 million for their family’s suffering.

The baby’s mother received her prenatal care from a federally funded community clinic that services uninsured and undocumented persons. Medical records indicated that the mother had an uncomplicated low risk pregnancy. While laboring at a local medical facility, her baby began exhibiting signs of distress with a slowed heart rate.

The physician on call and who cared for the mother during her labor stated that the mother refused to have her baby delivered by a C-section. Nurses who cared for the patient counteracted the physician’s claim, testifying that the mother begged for a C-section. Despite evidence of the baby’s distress, the physician left the mother for another delivery and was heard speaking with a financial adviser during the baby’s delivery. Unfortunately, the baby was born not breathing and suffered life-long brain damage due to lack of oxygen. Medical experts testified in the lawsuit that a C-section would have likely allowed the baby to born without brain damage, and a civil court jury agreed.

Instead of leaving the hospital with a healthy baby, the young couple faces years of medical and therapy bills to care for their child. When determining the monetary award, the civil court not only considered the child’s medical care over his lifetime, but also considered both parents emotional suffering. Kentucky parents who have similar unfortunate childbirth cases may benefit from speaking with a medical malpractice attorney about their legal rights and options.

Source:, “Miami Gardens family wins $33.8 million medical malpractice“, Andrea Torres, April 20, 2017


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