Birth Injury Results In $15.35 Million Settlement -- Largest Ever Recorded In DeKalb County

Posted On: February 10, 2012 by Stephen Bilkis

“A birth injuryfrom alleged institutional negligence results in a $15.35 million medical malpractice settlement -- the largest ever recorded in DeKalb County,” a concerned doctor reveals.

It is common thought that each hospital has a responsibility for the safety of their patients. This particular malpractice settlement was obtained on behalf of a child who suffered a brain injury at birth.

On October 19, 2001, a 19-year-old female was admitted to Valley West Community Hospital for the delivery of her son. Her labor proceeded normally until one of the doctors chose to use a vacuum extractor device to assist in the delivery of the child.

Over the course of the next 50 minutes, this doctor used the vacuum extraction device 18 times without success. Another doctor was eventually called in to perform an emergency C-section when the boy’s fetal heart tones showed distress.

The boy, who is now six-years-old, suffered brain injuries as a result of the doctor’s alleged negligence in using the Kiwi vacuum.

The plaintiffs alleged that the doctor, a family practitioner, was incompetent in the vacuum’s use and he should have stopped attempted to use it after the first few failed attempts. The nursing staff is also accused of negligently failing to advocate for the patient – the boy’s mother. They should have insisted that the doctor stop trying to use the device. And lastly, the plaintiffs alleged that the Hospital failed in its evaluation of the doctor’s abilities. It was claimed that the hospital knew of the doctor’s negligence two years earlier when he was part of another malpractice suit in which the newborn died.

This record settlement focused on the negligence of each participant and underscores the importance of each member of the delivery room doing the right thing for the patient. Patient advocacy in New York City and Long Island and nursing staff experience and equipment training should all be important assets in a competent maternity department.

Should your child suffer at the hands of inept medical personnel, contact a NYC Birth Injury Attorney to walk you through your rights and the responsibilities of those responsible for your child’s injury.Cases like this that are fully spelled out and made public raise awareness in the public which is a great tool for change, a Birth Injury Lawyer based in Manhattan explains.