Thousands of births take place in New York hospitals and others around the country at any given time. Fortunately, the majority of babies are strong and healthy; though, many others are born with serious injuries and or medical conditions. Birth injury-related medical malpractice lawsuits can be complicated and challenging to try, since determining the exact nature and cause of some injuries is difficult. One recent lawsuit illustrates how complex and involved some cases can be.
The case is centered on a child that is alleged to suffer from a permanent injury as a result of the treatment she received during birth in an Alabama hospital. The child has no use of her right arm due to severe nerve damage she sustained in delivery. It's reported that a series of nerves running up the child's hand, shoulder and into the spinal column were permanently damaged.
The child’s mother and legal representation claim that her injuries were caused by the forceful handling of the attending obstetrician. They argue that the doctor hurt the baby in the process of attempting to maneuver her through the birth canal. Furthermore, they claim that the injury could have been prevented if the defendant correctly identified the risks and recommended a C-section instead of natural birth.
The presiding judge also heard from the defendant and her defense team, who argued that she handled the entire birthing process correctly. In fact, they claim that physicians were ultimately forced to deliver the baby by C-section because of delivery complications. The defendant testified during the course of the two-week trial, along with other experts.
In the end, the jury ruled that the defendant would not be held liable for the injuries the baby sustained in delivery.
Source: al.com, “After long trial jury finds Madison obstetrician did not commit malpractice,” Brian Lawson, Oct. 4, 2013