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Brain injuries caused by medical negligence may be compensable

On Behalf of | Oct 31, 2016 | Brain Injury

A couple in another state was recently awarded a multi-million dollar judgment in a medical malpractice case. This couple claimed that their child suffered severe brain damage due to medical negligence during labor and delivery. When children suffer brain injuries due to suspected medical malpractice, parents in South Carolina may also seek justice and compensation by filing civil claims against those believed responsible.

According to a recent report, a jury recently awarded the parents of a disabled child over $11 million in damages, in a case they litigated against the medical staff and hospital they say were responsible for their child’s condition. Apparently, during labor and delivery, the child experienced breathing problems that were supposedly left untreated and forceps were improperly used — both of which contributed to the brain injury. The couple’s legal representative also supplied evidence that the child’s medical record had been tampered with by medical staff.

Representatives for the hospital and staff have defended the actions taken the day the child was born, saying no wrongdoing occurred. They believe the child had a stroke unrelated to the delivery process, causing the brain damage. Even though a jury found otherwise and awarded the parents a significant sum, an appeal of this decision is expected.

When children suffer brain injuries during the labor and delivery process, and those injuries can be attributed to the actions of medical staff, it is okay for parents to seek compensation for their losses. Raising a child with a disability is not only emotionally draining, but it is costly as well. By pursing medical malpractice claims against those believed responsible, if successful, parents in South Carolina and elsewhere can achieve monetary judgments that will provide the financial means necessary to care for their children throughout their lives.

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