Doctor Ignored Warning Signs Found Negligent; Family Awarded $4 Million


A doctor who apparently ignored a host of potential warning signs during while delivering a baby has been found negligent for causing brain injury to the child.

A jury has already awarded the child’s family $4 million, and they are due to receive more as the city which owns the hospital has agreed to settle a birth injury lawsuit.

Doctor Ignores Numerous Warning Signs; Fails to Get Consent for Fetal Extraction

According to reports, the doctor should have become concerned the moment he saw the mother. While she is petite, the size of the fetus was noticeably large. Even though the doctor should have known that the mother’s small pelvic size prohibited her from delivering the fetus vaginally, he decided to proceed with a normal delivery.

  • No C-section performed or even suggested
    Rather than suggest a cesarean delivery or other options, the doctor merely encouraged her to “push.” After 2.5 hours of pushing, the infant still had not descended into the birth canal.
  • Use of drug exceeds hospital’s own maximum amount allowed

Throughout all of this, the mother was given a drug designed to induce labor. In fact, she was repeatedly given the drug over a 12-hour period – despite evidence that the child could be hurt.

The mother was given so much of the medication – actually exceeding the hospital’s maximum allowed level – that the child had been deprived of oxygen.

  • Doctor opts for vacuum extraction; does not seek consent then improperly performs procedure

As a last resort, the doctor decided to use vacuum extraction to deliver the child.   He did this without getting consent from the mother – which is crucial because the  dangerous procedure poses risk to both mother and child, according to the

Mayo Clinic.

“If he had (asked for my consent), I never would have agreed to it,” the mother later said.

As he attempted the procedure, the doctor placed the vacuum pump on the back and side of the child’s head – rather than on top, as the device was designed to be used.

While a properly executed procedure takes just a few minutes, the child, in this case, was stuck in the birth canal for 25 minutes.

The boy, now 12, now has a mental capacity of being “intellectually disabled.” While he begins the sixth grade this year, he still reads at the kindergarten level.

Status of the Lawsuit

While a jury has awarded the boy’s family $4 million, the city which owns the hospital has agreed to settle its portion of the lawsuit.

Even though the city maintains that it will not discuss the settlement, public information confirms the availability of a $1.75 million policy that will be utilized.

Call The Fitzgerald Law Firm If Your Child Has Experienced a Birth Injury

While mistakes at hospitals are common, the level of errors displayed by this particular doctor are especially worrisome.

If your child has autism, cerebral palsy, learning disabilities, seizures or any other disabilities, contact the law firm of The Fitzgerald Law Firm.

Please call toll-free at 1-800-323-9900 or submit the firm’s online contact form.