Imagine that the day you have been waiting for has finally arrived. In just a few hours you would give birth to your child. Your pregnancy had been easy and you did not expect any complications during the delivery. But during the last, and most critical minutes of the birth, the doctor continued to leave the room and made a serious of decisions that had disastrous consequences.
This is exactly what happened to a young mother in nearby Florida in 2013. During the final 90 minutes of a low-risk pregnancy, her obstetrician not only made one bad decision after another, but he also chose to take an eight-minute phone call with his stockbroker. In addition, the doctor had the nurses restart a drug to induce stronger contractions and he did not perform a Cesarean, which may have made a huge difference in the eventual outcome.
When the child was born, he was unresponsive. The child had suffered birth trauma that could have been avoided. A medical team had to revive the child, but he had suffered oxygen deprivation too long. The child had severe brain damage.
The family filed a malpractice lawsuit. During the trial, the doctor continued his record of missteps. While on the stand, the doctor attempted to put blame on the mother by claiming that she did not push hard enough during the delivery. Evidence then surfaced that the doctor tried to cover his misdeeds by falsifying the mother's medical records by including a note that she had refused a Cesarean section. The court ruled in the family's favor and granted a malpractice judgment of over $33 million to cover a lifetime of health care needs for the child.
It was later uncovered that the doctor had delivered three other children in the same year that also suffered permanent disabilities. Not only had the state medical board not taken steps to reprimand the doctor for the previous incidents, but it is actually the government that has to foot the bill for the doctor's malpractice since he worked at a federally funded facility. Furthermore, there are no black marks on the doctor's record and he continues to enjoy positions at two different medical facilities as well as a teaching position.
Things can go wrong during any medical procedure, especially a birth. However, when injuries occur due to a doctor not practicing due diligence or neglecting his duties, the results can be tragic. If your child has suffered birth trauma due a doctor's failure to act, you may be able to take legal action to recover damages. Contact an experienced malpractice attorney in the Myrtle Beach area for help pursuing your case.
Source: Nov. 30, -0001