Posted On: December 5, 2011 by Erik L. Peterson

Birth Injury Medical Malpractice Case To Settle For $2.8 Million

The Contra Costa Times reports that L.A. County is expected to settle a medical malpractice lawsuit this week. The birth injury lawsuit alleges that physicians and staff at County Harbor-UCLA Medical Center failed to perform an emergency cesarean section after a pregnant woman showed signs of fetal distress. The infant was later diagnosed with neurological injuries allegedly resulting from the delay in delivery. It is anticipated that the county will settle the lawsuit for $2.8 million.

Nothing is more heartbreaking to parents than having their child born with a birth injury, especially when due to medical malpractice. While not every bad outcome is the result of medical malpractice, when a doctor, nurse or hospital staff fails to follow the requisite standard of care, the medical personnel may be guilty of medical negligence and held liable for causing harm. For example, in certain instances it may be possible to avoid an injury by following an established protocol, such as acting quickly to resolve a known risk.

One common situation in which birth injuries occur is when an infant is in fetal distress and suffers oxygen deprivation. The failure to act quickly to resolve the situation such as by performing an emergency c-section can lead to a brain injury such as cerebral palsy. The incorrect use of forceps may also bring this condition about.

Other types of birth injuries may include brachial plexus injures, spinal cord injures, mental retardation and even wrongful death.

Here, the County Harbor UCLA Medical Center has been required to devise a “plan of correction,” which it has completed. The staff has also undergone a training session on fetal heart monitoring. Reports indicate that the complication rates for labor and delivery at this particular hospital are at or below national standards.

If you believe your child has been harmed as the result of a complication during labor and delivery or has suffered a birth injury, contact the experienced California birth injury lawyers at Bostwick & Peterson, LLP for an initial consultation.