Midwife must pay $3M for causing birth injury


Birth injuries caused by medical malpractice can result in severe injuries to a newborn  child. Birth injuries cause a variety of disabilities such as cerebral palsy, brain damage and death. If a child survives a birth injury the resulting disability will likely require intensive medical treatment which is beyond the means of most  families.

One disabled girl recently filed a medical malpractice lawsuit against a midwife and a hospital for birth injuries that left her deaf, blind, and severely retarded. She cannot speak or walk. The girl is dependent on her parents and is fed through a tube. The girl and her parents allege that a midwife was at least partially responsible for the girl’s injuries because she failed to notice fetal distress despite a fetal monitor’s notice of the problem.

The girl’s attorney believes that although she has Kabuki Syndrome, the syndrome does not explain all of her injuries. The attorney successfully argued before a jury that the midwife’s failure to act based on the signs of fetal distress resulted in brain damage because of the lack of oxygen going to the girl’s brain.

Jurors dismissed any allegations that the hospital was responsible for the girl’s injuries but held the midwife accountable. The midwife also lost a birth injury lawsuit in 2007. The family involved in that lawsuit alleged that the their son had cerebral palsy because the midwife failed to recommend an emergency cesarean section. The jury in that case voted 6-2 to award over $6.5 million to that child and his family.

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