Massachusetts Hospital Settles Medical Malpractice Lawsuit For $1.5 Million After Birthing Error Leaves Infant With Cerebral Palsy.

Giving birth can be an equally exhilarating and terrifying process.  While having a newborn baby can be the most joyous experience a person ever endures, the process is also fraught with potential risks and harm. If your baby is wrongfully injured by the negligence of another person, it can become one of the most tragic and frightening experiences of your life. Soon to be parents trust medical providers to utilize all of their knowledge, skill and available technology to detect any potential problems and to make sure that the birthing process is carried out smoothly and properly.  If there is an oversight or a mistake during the delivery process, serious, life-long injuries can result.  When that happens, the doctors and hospitals involved in the medical malpractice may be held accountable for the personal injuries they cause.

A Massachusetts woman went to her local hospital when she was thirty-six weeks pregnant complaining of sudden abdominal pain.  She was placed on a fetal monitor and evaluated by a midwife.  There were no immediate warning signs, but there was a slightly irregular fetal heartrate and irregular contractions.  The woman stayed at the hospital for evaluation, but she reportedly went an hour without being examined again.  When she was examined later, there were signs of an extremely irregular fetal heartrate, vaginal bleeding, severe pain and premature labor.  The midwife summoned the obstetrician, who took an additional forty minutes to arrive.

The obstetrician ordered an emergency C-section, but the infant was nevertheless later diagnosed with a hypoxic brain injury and seizures. Now ten years old, the boy has global developmental delays and cerebral palsy that will require regular care, treatment and supervision for the rest of his life.   To recover assistance to help pay for her son’s care, the mother filed a medical malpractice claim against the hospital and the midwife.  In her lawsuit, the woman’s attorney, James Yesu, argued that it is common practice and the expected standard of care to notify the obstetrician immediately and constantly monitor a potentially complicated birth.  Rather than go through a trial, the hospital agreed to pay the woman $1.5 million to compensate her for her son’s future expenses and loss of enjoyment of life.

If you or a family member have been injured during a birthing delivery, you may be able to hold the hospital or doctor accountable.  Contact our Massachusetts birthing injury attorneys to learn about your legal options.  Please email us at or call any time of day at 617-787-3700.

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