Sarah Mirando  |  August 9, 2013

Category: Pharmaceuticals

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Medical Malpractice Cases Over Birth Injuries on the Rise

By Amanda Antell

 

medical malpractice lawsuitA Tennessee jury has found obstetrician Gary Lipscomb M.D. guilty of medical malpractice after delaying an urgently-needed cesarean section (C-section), which allegedly caused the newborn to develop brain damage and cerebral palsy. The infant’s family was awarded $33.5 million to cover the cost of future medical expenses and other damages. Lipscomb’s employer, UT Medical Group Inc., was also brought under fire during the trial.

The infant, Jordan Long, was born more than six hours after his mother was wheeled into a Memphis hospital on April 28, 2005. According to court documents, she had just been seen by a doctor at the UT Medical Group’s high-risk obstetrical clinic, who sent her to the hospital to deliver her baby. The doctor also sent along the necessary test results to show her fetus was showing signs of high stress and could be in potential danger if not deliver immediately. Despite the evidence presented to them by one of their own doctors, UT Medical and Lipscomb decided to put the surgery off for a different procedure, delivering the baby 79 minutes too late.

Due to the latent reaction, Long was born with severe brain damage that left him with cognitive impairment and a form of cerebral palsy known as spastic quadriplegia, which prevents him from using his arms and legs to their fullest extent and gives him trouble controlling his bodily functions. Additionally, medical evidence shows that even if the birth had been performed 15 to 20 minutes later, the baby’s injuries could have been prevented. Jordan is now eight years old, and the hospital finally admitted to this fact in court.

Other Medical Malpractice Cases Involving Birth Injuries

While Long’s birth injury case is tragic, it is by no means uncommon. Lipscomb had prolonged the mother’s labor because of another surgery he had to perform, but since the 1970s, legal experts have noticed a disturbing trend in regards to birth injuries newborns experience from some decisions made by doctors and the hospitals that employ them. This observation is especially illustrated in the next example.

A New York mother who was recently awarded a $3.5 million settlement for the birth injuries her child suffered from the misjudgment of the hospital and doctor who delivered her baby. These birth injuries include: negligent prenatal care, the infliction of brain damage on infants that resulted in diagnoses of cerebral palsy, developmental delays, autism and other complications.

According to the court documents associated with the case, the infant plaintiff’s mother was 22 years old at the time, but already had a known history of two miscarriages which occurred at 32 weeks in her pregnancies. For the infant plaintiff’s case, she had reached 29 weeks of gestation with this pregnancy when she reported to the defendant hospital, complaining of abdominal pressure. However, the hospital told her they were not contractions, and sent her home. Just two days later, she experienced sharper abdominal pains, but she was still not helped; the defendant hospital advised her to take an over-the-counter pain medication.

Three days later, the mother reported to the hospital again with complaints of contractions. She was fully dilated and was sent to the operating room to undergo an emergency C-section. Court documents stated that while during the birthing process, the mother’s membranes ruptured which caused multiple infections in her child. The infant plaintiff was born with respiratory distress and other serious complications and was sent to NICU. He remained under intense medical care for two months and was eventually diagnosed with brain damage, cerebral palsy and hypoxia, among other medical problems.

Mothers who believe that their infants have experienced birth injuries caused by the actions of their doctor or hospital are encouraged to seek out legal consultation immediately.

Get a Free Medical Malpractice Case Review

If you believe that you or a loved one has been the victim of a malpractice birth injury, you have legal options. Please visit the Medical Malpractice Birth Injury Class Action Lawsuit Investigation for more information. While there, submit your information for a free review by medical malpractice lawyers who will assist you – free of charge – if you have a case.

 

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Updated August 9th, 2013

 

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.

 

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