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$9 million awarded after child suffered severe birth injuries

Delaware parents whose children suffer the consequences of negligent medical care at birth may be overwhelmed by their situations. Fortunately, the laws allow for legal action to be taken against those who provide inadequate medical care that leads to birth injuries. The parents of a child in another state have been awarded $9 million to ensure their child receives adequate care after birth complications left him with cerebral palsy and brain damage.

The lawsuit arose from a case in which the expecting mother, with a history of uterine rupture, was admitted to a hospital where she was attended to by an inexperienced doctor. According to the plaintiff, the staff of the hospital was well aware of her medical history and the risks she faced. However, the plaintiff claimed that the physician who attended to her was a first year resident with limited experience and failed to seek more experienced assistance when the inevitable occurred and her uterus ruptured.

An experienced physician eventually responded to the calls of a nurse, but, as claimed in the lawsuit, the baby had already suffered oxygen starvation by the time this doctor responded. This negligence apparently left the child with severe birth injuries that caused permanent disability that will require life-long 24-hour care. It was reported that a significant portion of the settlement amount awarded will fund a trust that was set up through an annuity.

Because parents are entitled to pursue medical malpractice lawsuits to hold accountable those who are responsible for birth injuries, this family has been awarded the means to take care of their child for the rest of his life. Navigating such a claim is typically a complicated process, and the services of an experienced medical malpractice attorney may ensure an outcome that will provide life-long care for a child who was the victim of medical negligence. Successful litigation may enable Delaware parents to provide their children with the best possible medical care.

Source:, "Tripler to pay $9 million in medical malpractice settlement", Feb.. 5, 2016

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