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Birth injury case finally succeeds on appeal

When something goes wrong during child birth, it may be difficult to know where to turn or what to do next. Of course, seeking medical attention for the child and mother is the first step, but many North Carolina resents may wonder what they should do if the injury is the result of a preventable error.

Medical malpractice laws allow patients and their loved ones to recoup the costs of a hospital or doctor error. When pursuing a birth injury claim, however, many complicated legal issues can come up, such as the possibility of a settlement versus litigation to compensate for medical negligence. An experienced attorney can help families dealing with a birth injury determine what will be in their best interests.

One family was faced with some difficult questions when they decided to pursue a claim against a hospital for failing to deliver a baby promptly. As the mother was in labor, nurses should have alerted the doctor that the baby should be delivered immediately. A 15-minute delay caused the baby to be deprived of oxygen and develop cerebral palsy.

The hospital offered an $8 million settlement, but the family declined and pursued litigation. In court, the case initially failed. However, the family’s attorney pursued their case on appeal. The most recent appeal was successful and the court awarded the family $130 million.

The girl at the center of the case is now 10 years old and her mother was glad about the most recent ruling. She knows that her will now be “protected for the rest of her life.” Thankfully the parents will now be able to provide adequate medical care for their daughter for years to come without being concerned about incurring large debts.

Source: New York Post, “This lawyer turned down $8M… and got them $130M,” Julia Marsh and Bob Frederichs, April 18, 2013

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