A Georgia obstetrician and a hospital have agreed to split a $2.75 million birth injury settlement stemming from a lawsuit over permanent injuries a child suffered during labor and delivery.

Law360 reports that Dr. Colleen Wells and Houston Medical Center acted negligently by “improperly administering a labor-inducing drug called Pitocin in 2011 and failing to timely perform a cesarean section” on patient Kelsey T., a mistake that resulted in her baby boy’s “permanent and severe brain damage due to a lack of oxygen.”

The baby has been diagnosed with cerebral palsy, speech and motor impairments and other serious and permanent injuries, according to the case. U.S. District Judge Marc Thomas Treadwell approved the birth injury settlement terms, which call for the proceeds to be placed in a trust for the child’s care.

What’s Medical Malpractice?

A medical malpractice injury is when a doctor or other medical professional fails to perform necessary actions that would have prevented injury to the patient.

To prove medical malpractice an injured patient must show that a physician “acted negligently in rendering care, and that such negligence resulted in injury,” according to the National Institutes of Health.

Failing to properly diagnose and/or treat a disease or medical condition, or unreasonably delaying treatment could be considered medical malpractice.

Dr. Wells and her practice, Houston OB/GYN LLC’s insurance policy will cover $1 million of the birth injury settlement, her insurance policy’s limit, while the hospital has agreed to pay the remaining $1.75 million.

What are Birth Injuries?

Birth injuries are complications that occur before, during, or not long after childbirth. The infant sustains temporary or permanent physical impairments such as nerve damage or broken bones. Approximately 28,000 birth injuries occur each year in the United States.

One of the most common birth injuries is cerebral palsy, a condition characterized by an abnormally developing brain develops, something that impacts muscle control and movement. According to the Centers for Disease Control, some 90 percent of cerebral palsy cases occur before or during birth and can range between minor physical limitations to complete muscle paralysis.

Other common birth injuries include, but are not limited to:

• Caput Succedaneum: Significant swelling of the soft tissues in the baby’s scalp, which normally disappear after a few days.
• Cephalohematoma: Bleeding underneath one of the cranial bones that often appears as a raised bump on the baby’s head, and dissipates over time as the baby’s body reabsorbs the blood.
• Facial Paralysis
• Brachial Palsy: Also known as shoulder dystocia, and occurs when the brachial plexus nerve group is damaged.
• Bone Fractures

While not all birth injuries are the result of medical malpractice, doctors and other medical personnel are expected to follow certain protocols in an effort to minimize the chances.

This Birth Injury Lawsuit is Case No. 5:17-cv-00386, in the U.S. District Court for the Middle District of Georgia.