According to Marketwire, a lawsuit in New York over birth injuries has resulted in a $1.5 million settlement for the family affected. The birth injury lawsuit alleged that the patient was injured because she was not properly monitored during her pregnancy, which doctors should have known would be dangerous, given her prior history.
The woman ended up reporting to doctors that she had noticed that the fetus was not moving as much as it had been at approximately 37 weeks into her pregnancy. The lawsuit alleges that the woman was not given proper medical monitoring following these complaints. The woman was scheduled to have a cesarean section to deliver her child when she went into labor, but the cesarean section was allegedly not delivered in time, leading to further complications. In the end, the infant wound up in the intensive care unit and eventually had to go to a different facility to get longer-term care delivered.
The lawsuit had alleged that the physician should of known about the difficulty of the pregnancy and that they did not take actions in enough time to prevent otherwise preventable injuries to the child. In this particular case, the infant was the plaintiff.
Getting Compensation for Children
There are likely quite a few people who believe that, when parents sue over a birth injury, they’re suing for themselves. Quite often, the majority of the damages are being sought on behalf of the infant affected by the birth injuries. They, after all, were generally the worst victims of the medical negligence that applied.
In this particular case, the defendants opted to offer a settlement, which is something that will sometimes happen when a particularly strong birth injury claim is brought against a physician or a hospital.
Birth injury lawyers will sometimes be able to negotiate a suitable settlement with defendants. This allows both parties to avoid having to go to court and to avoid having to pay the associated costs. For the families, it oftentimes means that they are able to get the money more quickly, which can play an important role in delivering medical care to their affected child.
Having a good attorney is absolutely necessary to negotiating a suitable settlement. While a physician’s or hospital’s insurance company may offer a settlement upfront, it will generally not be as much as an attorney could get out of the defendant, if they are able to negotiate and layout a very strong case.