Young boy with cerebral palsy takes doctor to court for birth injury

A young boy and his family are taking their obstetrician to court. The seven year-old boy suffers from cerebral palsy, a disorder that impacts brain function and body movement. The victim’s family alleges the disorder developed due to a lack of oxygen during delivery and that the disorder could have been avoided but for the negligence of the practicing obstetrician and medical staff.

Disorders like cerebral palsy can be costly. In addition to the cost of medical treatments, medications and medical devices to aid those who suffer from this disorder, families may also have to make changes to their homes to accommodate for family members with cerebral palsy. In an effort to mitigate these and future costs, the family noted above is asking for an award of 40 million dollars.

More on the case

According to a local newspaper, the mother went into the hospital to induce labor when she was 15 days past her due date. Medication to induce labor was increased over a span of 11 hours. During this time, the fetus’ heartbeat dropped to 60 beats per minute for approximately six minutes. At this point, the physicians determined an emergency cesarean section, or C-section, was needed.

Once delivered, the infant was in distress and unable to breath. Physicians determined the infant had inhaled meconium, or fecal matter. Staff attempted to resuscitate the infant by using an oxygen bag and face mask, but did not first clear the infant’s airway of meconium. The medical team contacted Oregon Health & Science University Hospital, which sent a team to transport the child for further care. While waiting for this team to arrive, the infant’s edotrachial tube was removed for 45 minutes.

The family contends that these actions contributed to the lack of oxygen that led to brain damage in the infant. The infant is now a 7 year-old boy who was diagnosed with cerebral palsy.

More on cerebral palsy

Cerebral palsy is a disorder caused by damage to the developing brain, often before birth. Symptoms of this disorder can include:

• Vision or hearing problems
• “Floppy” limbs
• Slow development-does not meet milestones for rolling over, crawling or smiling

Experts with Mayo Clinic note that symptoms can appear in infancy but may not be recognized until preschool years.

Remedies available

Those who are injured by the negligent care of a physician or other medical practitioner are likely eligible to receive compensation to help cover the costs of additional medical treatment and rehabilitative care as well as pain and suffering. These remedies are available through a medical malpractice claim.

Putting together a medical malpractice claim generally requires evidence and expert testimony. It is wise for those who are moving forward with a medical malpractice claim to seek the counsel of an experienced birth injury lawyer.