A family in Detroit won an $8 million settlement for her child, who was born in jail under conditions that a lawsuit alleged led to the child suffering from cerebral palsy.
The mother of the child is serving a life sentence for murder, conspiracy and kidnapping, but she did file a lawsuit in 2006 over negligent medical care being delivered to her in jail.
The lawsuit named the jail, the County, and several deputies and nurses as being the negligent parties that led to the child suffering brain damage. According to the lawsuit, the child was born with no heartbeat and was not breathing at the time of delivery. The child suffered brain injuries that led to her suffering from cerebral palsy as a result of the birth complications. The lawsuit also alleged that those injuries were the result of the mother not receiving any medical care for two hours before she had her child.
If you read up on cerebral palsy lawsuits, you’ll find that many of them have to do with the mother not receiving care in a timely fashion in the critical hours before she approaches going into labor. In fact, many birth injury medical malpractice lawsuits involve a child not being delivered by cesarean section when it was apparent that the child was having difficulty, that the labor would be difficult and that delivering the child via C-section would likely have allowed them to avoid suffering any sort of injury.
Not delivering care when it is needed is negligence. Many cerebral palsy lawsuits really come down to medical malpractice lawsuits, which are centered on medical negligence of one sort or another. As this case demonstrates, entities such as counties, healthcare facilities and others can be named as defendants in these lawsuits. Individuals can also be named as defendants in these lawsuits, if it’s found that their actions or in actions were proximate causes of the damage that the child suffered.
No matter what the circumstances under which a child is born, it may be possible to get compensation for that child if they suffered brain injuries. Remember that this compensation is not for the parent. This compensation is designed to help the child get the medical care that they need and, if they suffer severe symptoms, to continue getting that care when they are an adult and out on their own. If you’re doubtful about whether or not you can sue, talk to a cerebral palsy lawyer.