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Strength of birth injury case leads to $5.3 million settlement

Considering the number of births that have occurred over the span of human history one might think that the instances of injuries caused during birth would be nonexistent. The reality is that they do happen and medical malpractice often contributes to causing such birth injuries. Maryland-based attorneys with experience in this area of law are aware of this.

Nor is the scope of potential malpractice necessarily limited to just the delivery. The courts have found that there may be legitimate claims of birth injury made for a general failure on the part of healthcare providers in delivering adequate care throughout the course of a woman's 9-month pregnancy. Cases often settle out of court.

That's what recently occurred in the case of a family in New York. Attorneys for the couple announced they reached a settlement of a suit for $5.3 million. The plaintiff's had alleged that the hospital staff had not provided adequate care to the mother during her pregnancy. The result was that she delivered a child with cerebral palsy.

According to documents related to the suit, the woman had been to the hospital several times for observation and treatments. Despite that, she delivered at 32 weeks, well short of what would be considered normal and the child was found to have quadriplegic cerebral palsy. The parents said more should have been done to prevent the premature birth.

It's important to know that the mere claim of malpractice isn't sufficient in and of itself. Such suits require proof on the part of plaintiffs that the injury was in fact caused by provider negligence in fulfilling an accepted standard of care. In this case that evidence must have been deemed adequate for the hospital to settle. 

Source: Reuters, "NY Cerebral Palsy Lawsuit Settled for $5.3M," Stephanie Rabiner, April 13, 2012

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