What factors contribute to large verdicts in birth injury cases in Denver?
One of the more troubling forms of medical malpractice is when a doctor or other members of the hospital staff cause injuries to a child as it is being born. Birth injuries can result in a number of serious complications and even death. However, one small piece of consolation for families who are subjected to these kinds of tragedies is that awards from a lawsuit can be significant.
Denver Lawyers win $4 million verdict against local hospital system
A Denver trial lawyer firm recently won a $4 million verdict in a birth injury case. The plaintiff was a young boy from Colorado Springs who was delivered using a vacuum extraction method. In 2005 when his mother went into labor for 20 hours, the child was still not progressing through the birth canal. Due to the size of the baby relative to his mother, it should have been obvious to any doctor trained to deliver babies that the vacuum extraction method would be inappropriate at the time. The doctor had failed to fully disclose to risks to the mother, and did not offer the alternative of a C-section, which could have avoided the injury.
Based on the doctor’s actions, this choice of delivery caused brain hemorrhaging and left the plaintiff with a permanent intellectual disability. The jury found that the doctor was negligent for using this method based on the circumstances, and the Memorial Health System was also joined as a defendant. It is likely that the insurer of the healthcare system will pay out the large verdict.
The duty of care
Healthcare professionals have ethical and legal obligations to know the best course of action or treatment for those under their care. They also need to inform patients about possible risks and alternatives. This is because in a hospital setting, sometimes even minor mistakes can cause catastrophes. During birth, conditions such as cerebral palsy often occur due to negligent actions. Injuries to the brain and spinal cord are also very serious during the crucial moments surrounding delivery procedures. As the story above shows, these actions can cause permanent problems such as learning disabilities or paralysis. Because this will affect the entire future of the baby, the amount of damages awarded to a plaintiff can be very large.
Severity of injuries
In any lawsuit involving negligence and personal injuries, damages are determined by the severity of the resulting injuries. In a case where a baby is delivered improperly and has their quality of life totally changed, the verdict will be larger. These effects can extend to school and education, employment, the person’s social life, and even their ability to function normally. In the case of a birth injury the value of these problems can be projected for several decades because problems begin occurring immediately as the new life begins. A skilled lawyer can argue that it is difficult to put a price on a person’s future potential, yet still convince a jury that a child has suffered significant losses by not being able to have a normal life.
Denver area lawyers are available to help
If you think a doctor or hospital system may have done something wrong that caused an injury to your child, Andrew T. Brake, P.C. is available to help. Mr. Brake and his staff specialize in birth injuries and related issues, and they can provide assistance during this difficult time. The Law Office of Andrew T. Brake has a page with more information about all kinds of medical malpractice that occurs in Denver Colorado.
- What factors contribute to large verdicts in birth injury cases in Denver? - March 5, 2019
- Are All Birth Injuries a Result of a Medical Mistake? - October 3, 2018
- Is There a Difference Between a Birth Injury and a Birth Defect? - January 12, 2018