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Mother and son awarded $3 million in medical malpractice lawsuit

There has been some debate in Kentucky and across the United States in recent years of the modern methods that physicians use in childbirth. Some midwives and mothers speculate that physicians sometimes attempt to speed up the natural birthing process with medicines, techniques or tools, which can sometimes result in unnecessary harm to the mother and/or child. A civil court jury just determined that a woman’s obstetrician was liable for medical malpractice and awarded the mother $3 million.

The mother states that she agreed to the doctor prescribing her induction medications to initiate and speed up her labor. While pharmaceutical induction can benefit the labor of some moms, it may also cause distress on babies. When the baby was almost delivered, his shoulder became stuck. The doctor decided to tug on the baby’s head to assist in delivery, and the baby was born with a limp arm.

Months after the baby’s birth, it was determined that the baby had permanent nerve damage. He required surgeries and therapy, but the arm is permanently damaged. The mother filed a lawsuit against the physician, claiming that she was not informed that pulling on the baby could have resulted in harm. The physician claimed that the baby’s injury could not have been prevented.

It is unfortunate when injuries occur at birth as many never allow a child to experience life without the physical, medical and emotional consequences that can result. Not only may there be physical obstacles to overcome, but parents may bear the financial burden of years of medical treatment and therapy. Medical malpractice attorneys in Kentucky can advise parents if there are legal options that may assist with any resulting financial stress.

Source:, “Dover OB-GYN ordered to pay $3 million in birth injury case“, Margie Fishman, Sept. 28, 2017


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