Law Office of Robert A. Miller
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Large verdict for family of child with cerebral palsy

Oregon residents may be interested to know that a jury in another state recently awarded $130 million to the family of a child who suffers from serious permanent disabilities related to cerebral palsy. The jury concluded that the girl suffered her condition because of an injury during the delivery process.

The family sued a hospital following their child's birth there. Because of her cerebral palsy, the child needs assistance walking, talking and even swallowing. She will likely need extensive and costly care for the rest of her life.

The jury found that the hospital did not comply with the medical standard of care when delivering this child. Specifically, the jury concluded that the delivery team's negligence resulted in the baby not being able to get enough oxygen as she was emerging from the birth canal. As a result, the child now suffers from her debilitating condition.

The verdict is one of the highest handed down in its state, and the hospital intends to ask the judge who presided over the case for a new trial.

Children may be born with cerebral palsy for a variety of different reasons. What cerebral palsy cases have in common, however, is that to one degree or another, those who suffer from the condition have to deal with physical challenges even when undertaking the most basic tasks. The condition can impose a huge financial burden on families.

Oregonians that have a child who deals with cerebral palsy may wish to consider filing a medical malpractice case if they suspect that the birthing process was not undertaken properly. While common, a childbirth is nonetheless a serious medical event, and negligence on the part of a doctor or medical staff can leave a child dealing with permanent disabilities that will profoundly affect both themselves and their families.

Source: Insurance Journal, "New York family awarded $130M in medical malpractice lawsuit," April 19, 2013

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