Doctors Liable for Birth Injury Failed to Get Mother Permission

In a recent birth injury case, a jury found two doctors liable in a medical malpractice case and ordered them to pay the family of the child $9 million dollars in compensation.

The plaintiff’s attorney argued that the doctors violated the standard of care that doctors owe their patients when they recommended that the plaintiff’s mother have her labor induced, despite being a gestational diabetic.

They presented evidence that one of the doctors recommended an unnecessary medical procedure including an amniocentesis. Amniocentesis is a prenatal test in which a small amount of amniotic fluid is removed from the sac surrounding the fetus for DNA testing for genetic defects. Amniocentesis is used in prenatal diagnosis of chromosomal abnormalities and fetal infections. The doctor recommended this procedure in this case to check whether the lungs were capable of functioning.

However, the doctor did not consult with the mother before recommending the procedure to his medical partner. As a result, he missed signs of potential complications due to the mother’s health history.

The other doctor also recommended a procedure without consulting the mother. This doctor ordered that the mother be induced, and sent her to a family practitioner.

Expert witnesses in the case testified that instead of inducing her labor, the doctors should have performed a cesarean section to properly satisfy the standard of care.

The attorneys for the plaintiff argued that because the doctors did not perform a cesarean section, the child was born with extremely low blood pressure, and a loss of around one-half of her normal blood amount. Her kidneys had also been destroyed, and she suffered a brain injury from lack of oxygen. She has had two kidney transplants and has cerebral palsy.

The jury agreed with the plaintiffs. Birth injury medical malpractice cases can result from a doctor’s failure to consult the birth mother, failure to properly analyze her health history, or performing improper, unnecessary or dangerous procedures. If you believe a doctor has acted inappropriately in your situation, you may have a medical malpractice case. Contact a medical malpractice attorney immediately.

Posted in Medical Malpractice

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