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Jury says child's brain injury resulted from medical malpractice

Without oxygen, the human body will not function properly and will suffer damage. Some Illinois parents might be able to empathize with one family whose infant did not receive enough oxygen during birth and suffered a brain injury as a result. Not surprisingly, the boy's parents filed a lawsuit against the doctor who attended the birth, along with the hospital where it happened.

The couple allege that during the delivery process, the doctor, nurses and hospital failed to properly monitor the baby, failed to correctly manage the woman's induced labor, and the doctor was not adequately or accurately kept abreast of the progression of her labor. Due to his lack of oxygen, the couple's son suffered permanent brain damage and was diagnosed with cerebral palsy. As a result, he will require care for the rest of his life.

The jury agreed that the doctor and hospital were negligent in the treatment of the Ohio woman and her baby. The doctor was assigned 30 percent of the liability, and the hospital was assigned the remaining 70 percent. The family was awarded a total of $11.75 million for future medical care and rehabilitation expenses, economic losses, lost salary, and lost compensation, along with a portion that is to go to each parent for loss of consortium.

Doctors, nurses and hospitals need to be held accountable for their mistakes. If an Illinois parent discovers that his or her child suffered a brain injury during birth, it could be beneficial to seek the advice and assistance of an attorney who deals with medical malpractice cases. Successfully establishing that the treatment received was below accepted medical standards could result in a monetary judgment that could help cover the current and future medical needs of the child.

Source:, "Jury awards $11.75 million in damages", Oct. 7, 2016

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FAQ Medical Malpractice

Frequently Asked Questions about Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient...

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