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Parents claim birth injury caused son's cerebral palsy

Many parents-to-be anxiously await the birth of their baby. Maryland parents who have experienced a complication-free pregnancy expect that their child will be born happy and healthy. Unfortunately, medical malpractice can result in a serious birth injury. One family claims that the decision made during the birth of their son caused his cerebral palsy.

The boy was born in Dec. 2007. The parents claim that they reported to the hospital for an induction 15 days after the due date. They say that the pregnancy had progressed normally, and there were no concerns about the health of the child. However, they claim that medical professionals instructed the mother to start pushing despite the baby's incorrect positioning. They claim that put the baby in distress, causing his heartbeat to drop.

Doctors decided to perform an emergency C-section. The parents claim that the baby was not able to breathe when he was born, but there was no one present to resuscitate the child. The baby was whisked from the room before his father could see him. Afterwards, the child was transported to a different hospital that had a neonatal intensive care unit.

Healthcare providers at the new hospital claim that the baby’s child was damaged as a result of oxygen deprivation. They estimated that approximately 20 percent of his frontal lobe was damaged. Two years later, he was diagnosed with cerebral palsy, a disorder affecting approximately 800,000 people in the United States and sometimes caused by medical malpractice during delivery.

The boy, now 6 years old, has had to wear a brace on his leg for five years. His parents claim they accumulate approximately $500 in medical debt each month to cover his various treatments. Additionally, they claim he will have to undergo surgery on his leg and require provisions for care after they die. Their lawsuit asks for $40 million in damages.

Expectant parents in Maryland are full of joy and hope, but a birth injury creates a significant and unexpected long term financial toll. If claims of malpractice can be established, a civil lawsuit could potentially relieve the financial stress created by another’s negligence. By doing so, parents are not only ensuring that their child receives the best possible medical care, but may also prevent other parents and children from suffering through similar circumstances.

Source:, "Lawsuit over birth injury: Misfortune or malpractice?", Saerom Yoo, May 25, 2014

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