Bringing a baby into this world is supposed to be one of the happiest days in parents' lives. However, when a child is injured due to medical negligence during delivery, the once joyous day can suddenly turn tragic.

This is what happened to one 33-year-old mother. She and her partner welcomed their third children into the world on April 28, 2006. However, due to alleged malpractice, the unborn baby was deprived oxygen and was born with significant brain injuries. He will need continual care for the rest of his life.

In looking at the case, the couple claimed the obstetrician waited too long to decide on whether the mother needed an emergency cesarean section. By the time the C-section was ordered, the damage had already been done.

Additionally, the lawsuit claims the drug Pitocin, which is typically given to women to increase the strength and frequency of contractions during labor, caused injury as the drug decreased the flow of blood and oxygen going to the baby.

After the alleged error, the 76-year-old obstetrician did retire. He declined to comment after a settlement was reached between the couple and the medical center where the baby was born. The family will now walk away with $5.25 million.

In general, this case goes to show that for those parents with children who are born with birth injuries, if there is reason to believe the injuries were caused by medical negligence, there may be grounds to file a lawsuit. This lawsuit can end up resulting in compensation that can go toward the necessary ongoing care stemming from those injuries.

Source: The Columbus Dispatch, "Brain injury during birth costs Ohio State hospital $5.25 million," Ben Sutherly, June 28, 2013

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