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Medical malpractice: $4 million to boy’s family for birth injury

Children in Kentucky and across the country are prone to suffer scrapes, bumps and bruises on a regular basis as they learn to navigate their surroundings. Although scrapes, bumps and bruises are minor injuries, parents do not enjoy witnessing their children suffer any harm. Unfortunately, some children suffer more severe life-altering injuries. Parents in another state were awarded $4 million by a jury in their medical malpractice lawsuit against the attending physician of their child’s birth.

The mother of the now 12-year-old boy was admitted to the hospital to be induced by using medicine to start and continue the mother’s labor. According to records, it was suspected that the child was a large size and needed to be born before it became too large for the mother to deliver. During a 12 hour period, the induction medicine was increased multiple times, and at times was reportedly more than hospital policy allowed. Studies have indicated that labor-inducing medicine can result in harm to the child. After over two hours of pushing with little progress in the woman’s labor, the doctor resorted to using a vacuum to extract the baby without offering the mother an option of a cesarean section.

Reportedly, the mother was not informed of the risks of the vacuum extraction, and records indicate that the physician used it for a longer period than recommended. During the vacuum extraction, the baby became distressed and suffered bruises and abrasions on its head. After the birth, the baby’s symptoms of brain injury were immediately evident, and he was rushed to a specialized children’s medical facility. The parents filed a lawsuit against the physician and the hospital, seeking compensation for their child’s health care costs and lifetime care. The hospital has settled for an undisclosed amount, and the jury determined the physician was negligent and awarded the boy’s parents $4 million.

The parents report the boy’s extensive stay in intensive care after birth and his need for assistance for basic life functions his entire life has been and are expected to be very expensive. Understandably, birth injuries are traumatic and expensive for any family to handle. Medical malpractice attorneys in Kentucky can advise families of their rights and options to recoup financial loss in appropriate circumstances.

Source:, “Memorial Hospital, doctor sued after infant delivery results in brain damage”, Pam Zubeck, August 2, 2017


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