Tuesday, January 13, 2009

Child with quadriplegic CP receives $7.5 M medical compensation

Following an intense mediation process, the family of a baby born with quadriplegic cerebral palsy was awarded $7.5 million medical compensation.

It was determined during the mediation process that the child’s debilitating condition was due to medical or doctor malpractice.

Quadriplegic cerebral palsy is considered one of the most severe forms of cerebral palsy. Throughout the patient’s life, round-the-clock care is required, as patients afflicted with this type of cerebral palsy won’t be able to sit, walk, eat and, in some cases, breathe on their own.

The child’s mother, a healthy young woman, arrived at a hospital to deliver her baby a few years ago. She was expecting a typical delivery, as she had, up until this point, experienced a normal pregnancy.

The initial fetal monitor readings indicated that her baby was healthy. However, within two hours of arriving at the hospital, the baby started showing signs of distress.

In another two hours the nurse would call the obstetrician. At this point, the baby's heart rate had already dropped dangerously low.

Falsified medical records

The OBGYN performed a C-section. Upon birth, however, the baby was not breathing and had no heartbeat. Although medical records indicated that a pediatrician had been present at the birth, later, an attending nurse admitted that this wasn't the case and that no pediatrician was present.

After trying to resuscitate the baby for six minutes, a respiratory therapist finally administered a breathing tube, which was placed in the baby's stomach, rather than in the lungs where it should be.

If only a pediatrician were present, the mistake would have been corrected immediately. It eventually took ultimately took 26 minutes for the baby to achieve a normal heart rate. Permanent damage had already been done, as the baby had developed quadriplegic cerebral palsy due to lack of oxygen during and after the birthing process.

The $7.5 million settlement awarded in this cerebral palsy case will go towards paying for the vital lifelong care this baby needs to survive.

Cerebral palsy causes

Cerebral palsy is an incurable, devastating condition that impairs speech, coordination, movement and health brain function. Fetal development problems and/or medical mistakes made during (and after) delivery typically cause the brain damage that results in cerebral palsy.

While any medical mistake that deprives a baby of oxygen will contribute to cerebral palsy, some of the most common cerebral palsy causes include:

• excessive use of vacuum extraction

• failure to perform immediate C-section

• unrecognized (or untreated) fetal distress

• use of certain medications during the delivery process

If you have a family member living with cerebral palsy see a medical attorney or cerebral palsy lawyer for information regarding your legal rights.

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