Distracted Doctor Causes Brain Injury in Child; Family Awarded $33.8 Million

brain injury

We’ve written before about devastating medical malpractice incidents occurring because a doctor or nurse was distracted. With that in mind comes a heartbreaking story from Miami in which a baby boy suffered irreversible brain damage because the delivery room doctor failed to order a cesarean section birth.

What’s even more shocking are the actions undertaken by the doctor while the baby’s mother waited more than 90 minutes to be seen.

We’ll talk about it in this issue.

The Case at a Glance

The mother arrived in labor at a federally-funded health center. As she pleaded with the on-call doctor and nurses to “Just cut me!” – a repeated reference of her request for a C-section birth – the doctor ignored her and instead left the room to deliver another baby.

While he was gone, he also had an 8-minute telephone conversation with his financial adviser.

When the baby was eventually delivered – about 90 minutes later – he wasn’t breathing and his body was lifeless.

While the baby was revived, it was learned he had experienced significant brain damage because of a lack of oxygen.

Doctor Attempts To Cover His Tracks

During the trial, it was revealed that the doctor generated a completely made-up entry in the mother’s medical file stating that she had refused a C-section birth. Thankfully, an experienced labor and delivery nurse who assisted with the birth testified in court that the doctor’s claims were false.

Court Rules: “This Was Not a High-Risk Pregnancy”

In his order, the ruling U.S. District Judge wrote, “At the anticipated, joyful moment of birth of a crying, bouncing baby, they (the parents) are presented with the dreadful specter of a blue, floppy, lifeless child.”

Overall, the Court ruled that this was not a high-risk pregnancy, meaning that the baby was in no known danger until the doctor took over. His refusal to perform a C-section delivery while continuing to administer the delivery drug Pitocin directly resulted in the baby’s injuries.

The baby’s family was awarded $33.8 million, which is broken down like this:

  • $21.7 million for the baby’s economic damages
  • $7.6 million for his pain and suffering
  • $4.4 million for the mother’s and father’s pain and suffering

Call The Fitzgerald Law Firm If You Feel You’ve Experienced Medical Malpractice

If you’ve experienced medical malpractice or feel that you have, get in touch with the skilled team at The Fitzgerald Law Firm. Collectively, we’ve secured well over $1 billion on behalf of our clients.

Our number is 800-323-9900, and the first consultation is always free.