Advances in medical technology are a good thing and have helped prevent numerous problems, particularly during childbirth. Unfortunately, when hospital computer systems go down, medical providers are left scrambling and depending on older technology to monitor patients, which doesn’t always have the best results. Families in Oregon may want to know who is responsible when this happens and a child suffers a birth injury because of it? A case going on in another state may soon answer that question.
Recently, a woman filed legal claims against the hospital at which her daughter was born in 2019. She says a ransomware attack contributed to medical providers missing her daughter being in distress during the labor and delivery process, leading to her being born unresponsive. A medical team was able to revive her, but the damage was done. She suffered a severe brain injury and kidney damage, leaving her needing continuous monitoring. Sadly, she died nine months later.
Who is really responsible?
The lawsuit was filed against the hospital, as the mother claims its failure to pay the ransom to get the computer systems back online directly resulted in her daughter’s death. The hospital, on the other hand, asserts that the patient’s doctor is liable. Only time will tell who is ultimately held responsible in this case.
If this case is successfully managed, the plaintiff may receive monetary damages for the losses suffered by her daughter, her family and herself. These losses may be economic or non-economic in nature. While this situation is uncommon, Oregon families who find themselves facing similar circumstances may also seek compensation for their losses. Legal counsel can review one’s case and help one decide if pursuing a birth injury claim is appropriate.