A West Palm Beach, Florida, couple has filed a birth injury lawsuit against an obstetrician who they claim caused their son’s cerebral palsy by choosing to extract him with a vacuum pump instead of allowing a natural delivery.
The boy, now 16 years old, was born with the condition on March 6, 1998, and currently has the mental capacity of a 2-year-old. His parents are seeking millions of dollars in damages from the doctor. According to the lawsuit, the family believes the doctor was more interested in checking the status of his broken-down BMW car than in tending to the mother on the day she gave birth to her son.
The family’s attorney submitted the obstetrician’s phone records in court as evidence. His attorneys, however, claimed that phoning the BMW service station before the boy’s birth did not influence the doctor’s medical judgment. They said he repeatedly checked with nurses on the condition of the mother, who arrived at the hospital around five weeks ahead of her due date.
The defense argued that the doctor believed she could not give the required big push to deliver her son due to exhaustion, so he used a suction cup to pull the baby out. Vacuum pumps are used in about 10 percent of births and generally do not have adverse effects, they noted. They also said that cerebral palsy is more common in prematurely born babies, and the reason the boy has the condition is unknown.
It is important to note that determining fault can be more complicated than it might seem. If your child was injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.
Defining A Birth Injury You Didn’t Expect This… No parent wants to see their newborn injured, sick or in pain. It’s even worse when the injury could have been prevented! Infants are the most precious gifts. Obstetricians begin caring for them before they are born, by monitoring and caring for expectant mothers. Unfortunately, pregnancy is a very vulnerable...
Can epidurals be harmful for babies? Epidurals have become a common method for managing pain during labor and delivery. Over half of all pregnant women in the United States choose to receive the injections for pain relief during childbirth. An epidural injection is a regional anesthesia administered intravenously around the lower spinal cord area. It is popular because it can help...
How to Identify Toddler or Infant Head Injury Signs, A Parent’s Guide Child head injuries get lots of attention in the sports arena, but concussions aren’t limited to young athletes and high school football players. Infants and toddlers also are prone to head injury. This is especially true as infants and young toddlers begin to crawl, walk and explore the world around them. Seeing your baby “bonk”...
Car Accident While Pregnant: Is my baby okay? For expecting mothers, nothing is more traumatizing than the thought of losing an unborn child. If you’ve been in a car accident while pregnant, you may have fears about whether or not your baby is going to be okay. After a car accident when pregnant, you should seek medical attention immediately. If either you or...
What Can I Expect in the First Year of Erb’s Palsy? A new parent with a child diagnosed with a brachial plexus injury often wants to know, “What can I expect in the first year of Erb’s palsy?” The answer depends on the severity of the underlying nerve injury. Mild injuries may “self-resolve” with the passage of time and the use of physical therapy. More serious...
What are Some Common Birth Injuries Associated with C-Sections? Some common birth injuries associated with C-sections include: Facial or body cuts Fractures Spinal cord injuries In addition to these common C-section birth injuries, other risks are present if the anesthesiologist did not administer the drug properly during a C-section delivery procedure. These potential injuries include low blood pressure, blood clots, and internal bleeding. There...
If My Child Suffered A Birth Injury, How Do I Know If A Medical Mistake Was Made? A birth injury can be devastating for the parents and have lifelong effects for the child. Many birth injuries lead to disabilities that require extensive care. In some cases, parents may wonder if a medical mistake was the cause of their child’s birth injury, but they are unsure how to proceed. Not every medical condition...
What You Should Know About Filing A Birth Injury Lawsuit? If your child has suffered a birth injury due to the negligence of doctors or medical staff, you may be considering taking legal action to pursue fair compensation for medical expenses. Birth injuries can have a lasting impact on your child’s life and will likely require constant medical care. There are a number of important...
