A federal judge has awarded $15 million to a Tennessee teenager who suffered a brain injury at birth. After five years, the family now has some peace knowing that their son’s brain injury malpractice case is resolved. Sadly, there is no real resolution for the physical and mental impact of medical malpractice. In cases like this one, the injured child will battle injuries for the rest of his life.
Brain Injury Malpractice Case Information
The parents filed the medical malpractice lawsuit in 2015 alleging that the Blanchfield Army Community Hospital at Fort Campbell was responsible for the brain injuries their son suffered during birth.
In February 2020, U.S. District Judge Aleta Trauger ruled that the hospital was negligent. The judge found that the hospital did not inform the mother of her choices for delivery. Furthermore, the hospital failed to properly monitor the baby during labor and delivery. The judge said that if the boy had been delivered via Cesarean (c-section) earlier in labor, his brain injuries might have been avoided.
Now 15 years old, the teenager suffers from a variety of brain-injury related disorders. He has cerebral palsy and neurological deficiencies due to his suffering a lack of oxygen at birth. The award will no doubt help his family provide care for these life-long conditions.
What Causes a Lack of Oxygen at Birth?
Infants may experience a lack of oxygen at birth due to complications, unfortunate events or medical negligence. Some of the most common causes of oxygen deprivation include:
- Umbilical cord problems (prolapse or kink)
- Extremely high or low maternal blood pressure
- Preeclampsia, eclampsia or HELLP syndrome
- Placental abruption
- Inadequate oxygen levels in the mothers blood
- Overmedication of the mother
- Maternal infections
- Difficult or prolonged delivery
- Failure to order a c-section when needed
- Trauma to the infant during labor and delivery
- Infant stuck in birth canal
As you can see, some of these causes are medical in nature. Consequently, not all unfortunate events will constitute a brain injury malpractice case. Complications of pregnancy can certainly cause a lack of oxygen during labor and delivery.
However, most instances can be avoided with proper maternal and fetal monitoring, and making the right choices for delivery. Doctors must discuss all possibilities with expectant parents, including giving them options for how they want to handle labor and delivery, as well as complications.
Brain Injuries Caused by Lack of Oxygen at Birth
Infants who suffer from a lack of oxygen at birth often experience medical or cognitive disorders that are life-long. Birth injuries have a deep impact on the health of a newborn, and his or her overall prognosis. Brain injuries, in particular, can change the course of a family’s life.
The brain injuries most common due to a lack of oxygen include:
- Cerebral palsy
- Attention deficit hyperactivity disorder
- Behavioral problems
- Vision impairment
- Delayed development
- Organ damage (lungs, heart or brain)
These injuries often require long-term treatment and therapies in order to maintain the best quality of life possible. In many cases, children require specialized therapies and educational methods to meet their individual needs. Children with severe disabilities may require home modifications in order to meet their needs and promote independence.
Not only do brain injuries take a physical and mental toll on the child and his or her family, but these injuries also often take a financial toll. Long-term medical care, therapies and home modifications can be very expensive. Adding to that, many families find that one parent must stay home with the child in order to provide care. The cost of the injury coupled with a reduction in income can be devastating for families.
How Do I Know if I Have a Brain Injury Malpractice Case?
Medical malpractice is a complex area of law. In most cases, it is the victim (plaintiff) who has the burden of proving that an injury is the result of negligence. It is common for victims to question how they can know if they have a case. The best way to find out is to contact a skilled medical malpractice attorney. A medical malpractice attorney is familiar with medical malpractice laws and the process for building and proving a case.
At MedMalFirm.com, medical malpractice cases are what we do. Our attorneys have an excellent track record in handling medical malpractice cases involving medical mistakes, surgical errors, birth injuries and nursing home abuse. If you need to know if you have a brain injury malpractice case, we can certainly help. Contact us today to request a free consultation with one of our medical malpractice attorneys. You may call us toll free at 877-887-4850. You can also email us via our online form.