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11.5 million awarded in childbirth medical malpractice lawsuit

Every year in Louisiana, traumatic brain injuries cause many deaths, hospitalizations and emergency room visits for young children. Unfortunately, some children start their lives with traumatic brain injuries when there have been child birth injuries due to medical malpractice. Recently, in another state, a couple was awarded 11.5 million for their child's birth injury and the mishandling of his birth.

The lawsuit stated that in 2010, during the birth of the couple's baby, the baby had breathing problems during birth that were not handled appropriately. As a result, the baby's health declined. Misapplication of forceps used during birth was argued to be the cause of the baby's permanent brain injury.

The jury also took into consideration that there was evidence of tampering with the electronic medical record. While the defense argued that the baby's brain injury was the result of an unpreventable stroke, the jury agreed with the plaintiff that the doctor and midwife mishandled the delivery. The jury came to its decision after deliberating for one day after the two-week trial concluded. 

The birth of a child is supposed to be a joyous day of celebration. Sadly, for this couple, the celebration of the birth of the child was hampered by his birth injury. The compensation they have been awarded will aide them in paying for a lifetime of unexpected medical expenses for their son. Anyone who suspects his or her child's medical problems are the result of medical malpractice during child birth, speaking with an experienced attorney in Louisiana can help determine whether a valid medical malpractice claim exists.

Source:, "Jury awards $11.5 million to Omaha couple in medical malpractice lawsuit over child's birth", Russell Hubbard, Oct. 28, 2016

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