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Birth injury plaintiffs win medical malpractice case

For many parents in Laurel, Maryland, the birth of their child is one of the most important events of their lives. However, not all babies are born healthy; some of them suffer from birth injuries. If that happens, the family of the victim may wish to file a medical malpractice lawsuit, particularly if they believe that hospital errors contributed to the birth injury.

A couple filed a medical malpractice lawsuit against a hospital. They alleged that the hospital and its doctors caused their nine-year-old daughter's brain injury and cerebral palsy. An amended complaint was filed in 2012 after a panel ruled in favor of the doctors in 2009. This complaint alleged that the medical providers failed to provide continuous ultrasound guidance and used inadequate staff during the important procedure. Plaintiffs claimed that the doctor failed to determine the fetal distress during the delivery of the baby.

In contrast, recent reports stated that the couple won $15 million after the jury sided with birth injury victims. While the family may receive less compensation because of the medical malpractice cap, the plaintiffs noted that they hope that such incidents do not happen again.

Cerebral palsy or brain injury can be classified as a birth injury, which can ultimately affect a person's life. Birth injuries, such as cerebral palsy, are preventable, if only doctors and healthcare staff exercise due care while delivering a baby. If the doctors fail, any mistakes that result in injuries at birth may be their legal responsibility.

While birth injuries may cause financial damages to the victim and to the victim's family, it can also result in emotional damages. However, if the baby's injury occurs due to a doctor's errors during delivery, the injured person may wish to seek payment for these damages through a medical malpractice case. Medical malpractice cases can be difficult and they vary from state to state.

Source: Evansville Courier & Press, "Evansville couple wins $15 million lawsuit against St. Mary's Medical Center," Mark Wilson, Aug. 26, 2013

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From our office in Laurel, we serve clients throughout the Baltimore-Washington metropolitan area. We handle all injury and disability claims on a contingency fee basis, so we charge no fee unless we recover compensation for you.

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