Posted On: November 12, 2010 by Erik L. Peterson

$6 Million Settlement In Medical Malpractice Case

A Tennessee woman received a $6 million settlement from the Blanchfield Army Community Hospital after her child developed cerebral palsy. According to the lawsuit, the woman’s doctor delayed performing a cesarean section, and the infant suffered oxygen loss to her brain. The baby developed breathing problems shortly after birth and was placed in an incubator for more than a month.

Generally, birth injuries occur when blood flow is adequate during labor and delivery. When doctors and nurses failed to take immediate action to increase the oxygen supply, profound and lifelong catastrophic injuries can occur. The failure of doctors, nurses, or other hospital staff to act promptly and appropriately may constitute medical negligence.

As a condition of the settlement, the hospital, the doctor and the Army did not admit to any guilt.

The award will allow the family to be able to pay for medical bills, as well as therapy and other costs. As noted by a legal commentator, had tort reform measures been in place, the family would not have received just compensation. “The current system enables the average person to sue the responsible party for (damages from) pain and suffering and for the actual injury.” “Some would ask how will the little guy get justice if we have tort reform?”

At Bostwick & Peterson, LLP, our attorneys are dedicated to protecting the victims of birth injuries. If you suspect your child has been injured in the labor and delivery process, contact one of our attorneys to find out how we can help.