The Georgia Supreme Court has ruled in favor of a new trial in a case in which a Clark County jury found a local Hospital and a local obstetrician not liable in a malpractice claim that they mishandled the birth of the Georgia teen which left her permanently disabled in 1998.
In an effort to prevent undue sympathy, the trial judge limited the amount of time the injured teen was permitted in the courtroom. However, in a near unanimous decision, the justices ruled that it was in her right to be present at her own trial.
The parents of the injured Georgia teen maintain that the hospital personnel did not react in a timely manner to readings from the fetal heart monitor and alert doctors of the need to perform a Caesarean section. The lawsuit also states that the baby was not breathing upon delivery and that the loss of oxygen was a factor in her brain damage. The Obstetrician’s decision to induce labor with medication rather than deliver the baby by C-section is also in question.
There are many injuries that have an effect on infants due to poor care during labor and delivery. These injuries are tragic as the brain will not develop to the same extent and this will affect the baby’s functioning ability as he or she grows. Most of these injuries occur when the brain is deprived of oxygen shortly before or during the birth process. This is a critical time and all steps must be taken by the medical team to keep this in mind and to make sure that the baby’s supply of oxygen is not compromised in any way. If it is, cognitive defects are sure to follow.
The injured baby in this case, who is now a teenager, is confined to a wheelchair due to the birth-related injuries that she suffered. In addition, she cannot speak or control her movements and she has a feeding tube in her stomach. Her airway has to be suctioned a number of times each day and she experiences frequent seizures. Needless to say, the damages in this case are very high and include large claims for pain and suffering, past medical bills, future medical bills, and damages for a reduced ability to work and labor. However, the issue of damages must only be decided by the jury if they find that the hospital, staff and doctor were negligent.
Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.