Birth Injuries Due to Delay in Delivery in Tennessee
A case originating out of Tennessee made headline news this past summer, when a Memphis jury determined that the obstetrician’s delays in performing a necessary emergency c-section led to severe birth injuries. The case arose out of the Circuit Court for Tennessee for the Thirtieth Judicial District. The facts of the case are as follows: Jordan Long’s mother went to the obstetrical clinic for high risk patients at UT Medical Group. The doctors there sent her to the hospital for urgent delivery. They notified the hospital that test results showed the fetus was in distress and was at risk of injury if not timely delivered. However, when she got to the hospital at 10:45 a.m., doctors devised a plan to perform a c-section by 3:30 p.m. The surgery was not performed until 79 minutes after this deadline.
Jordan suffered severe brain damage which left him with significant cognitive impairments and a condition called spastic quadriplegia, which is a type of cerebral palsy. Evidence showed that had Jordan been delivered even 15-20 minutes earlier, his injuries would have been prevented. Weighing all the evidence, the Memphis jury unanimously awarded Jordan and his family $33.5 million to cover the costs of his future medical expenses and other damages.
Jordan’s case is just one of many in which a court has found the hospital or attending doctor liable for birth injuries caused by a delay in delivery. In a Massachusetts case, a jury awarded $3 million to the family of a birth injured child where the delay in performing a c-section resulted in brain damage. In that case, the mother of the now 6 year old child arrived at the hospital for a scheduled c-section. She was placed on a fetal heart rate monitor, which indicated an abnormally low reading of the fetal heart rate. The labor nurse was aware of the decreased heart rate and the obstetrician observed the same. Despite the pattern of a declining fetal heart rate, the plaintiff’s scheduled c-section was delayed due to an emergency patient in the ER. The fetal heart rate continued to slow but the plaintiff was not taken in for surgery until several hours later. The delivered child was in critical condition and transferred to the NICU. The child had neonatal encephalopathy and seizures, and these conditions led to likely lifelong impairments. The child is currently wheelchair bound and wears braces on her limbs.
Birth injuries and deaths stemming from delayed c-sections can be difficult cases, as they require a plaintiff prove the hospital or doctor acted negligently in failing to timely perform a necessary c-section. Your birth injury attorney must be familiar with fetal heart tracings and have an understanding of the medical literature surrounding birth injuries linked to delayed c-sections. Delayed c-sections can lead to a whole host of birth injuries including: cerebral palsy, neonatal encephalopathy; and asphyxia. A delay of just 10 minutes can lead to a lifetime of medical care and the loss of a child’s ability to function at the level of his or her peers.
If you believe your child’s delivery was not handled in the proper manner, and the hospital failed to perform a c-section despite signs the fetus was in distress, you may have the right to recover for your child’s current and future medical expenses along with other damages. The attorneys at Bailey & Greer have handled numerous birth injury cases involving delayed c-sections. They understand this very specific medical field and will investigate all avenues of recovery. Call the professional birth injury attorneys at Bailey & Greer today at 901-680-9777 to schedule a free consultation.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
Read more about Thomas R. Greer