When a doctor mistakenly allows a mother to go forward with a home birth, the child was left severely disabled. The doctor was proven to have failed in finding that the mother had developed gestational diabetes, a condition that often requires a caesarean delivery in a hospital at 36 weeks gestation.
Because of the mother’s condition, her son weighed a very large 11lb 8oz and became stuck during the normal delivery process. The boy went without oxygen for 20 minutes. Because the mother was at home, there was no specialist team or equipment to resuscitate the boy.
The family’s lawyer said, “If the condition had been identified, the mother would have been advised to give birth at a hospital, in an environment where all necessary support and equipment is available to deal with emergencies like hers which would have made all the difference.
The now 12-year-old has cerebral palsy and Erb’s palsy and is completely dependent on a wheelchair. The only communication he can offer is by sticking out his tongue to indicate “No” and smiling to indicate “Yes.”
Last week, this boy was was awarded £5 million in compensation.
His mother was overjoyed, saying, “It has been a nine-year battle and we are so relieved it is over. [My son] was given two weeks to live and now look at him – he is a typical teenage boy. We can never overcome what happened but I’m just glad we can now move on.”
She added, “It is good to know that all the resources are there to take care of him for the rest of his life and we can look to the future.”
The teen’s father said the money was going toward a specially adapted bungalow, which will be ready later in the year. The family has tried to give Daniel as normal a life as possible. They have even taken him swimming with dolphins, an outing many children enjoy – no matter their abilities and disabilities.
The High Court in Birmingham had already established liability against the doctor and midwives prior to the award. Courts in New York City and Westchester are known to act in a similar manner in cases like this one.
A consultant specializing in cases like this child’s said, “The settlement will allow [him] to provide for his extensive future needs and make the most of his life.”
If faulty advice is given to you by a medical profession, seek compensation by conversing with a New York Birth Injury Attorney who will walk you through the procedures necessary to get what is rightfully yours.