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Physician subject to civil litigation in birth injury case

An area physician has been found liable in a massive birth injury case that resulted in a $14.5 million award for the plaintiffs. The physician, who was subject to civil litigation because the delivery left the child disabled, currently practices in Pennsylvania. The family that had sought compensation in the case relocated to Ohio after the birth injury incident.

Reports allege that the physician was careless during the birth of the child, leaving the newborn with serious physical injuries that resulted in a diagnosis of cerebral palsy. The doctor was accused of administering medication inappropriately, overdosing the child's mother on a drug that causes contractions. The physician also reportedly failed to attempt an assisted delivery, instead choosing a procedure that left the child with inadequate oxygen to the brain.

The child's parents say that their baby was diagnosed with cerebral palsy and a seizure disorder because of the birth injury and professional malpractice. A jury trial determined that the physician was 60 percent responsible for the child's injuries, with the hospital assuming 40 percent of the blame. Money from the civil litigation suit will be used to install assistive devices and provide for future medical care for the child.

The defendant in this case argued that the child developed cerebral palsy because of other factors that were not related to the birth. However, the jury in the trial did not agree, and the business litigation ended with a judgment against the OB/GYN doctor. Defendants in this type of professional malpractice case deserve to have their voices heard - birth injuries are not always the fault of the attending physician. It is important to recognize the stakes when it comes to civil litigation of this type. Physicians and other professionals can prepare themselves by knowing their civil rights before such an incident ever occurs.

Source: The Legal Examiner, "Ohio Family Awarded $14.5M In Cerebral Palsy Birth Injury Case," Laurence Banville, April 06, 2017

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