A Chicago area hospital and treating obstetrician have agreed to settle a pending medical malpractice lawsuit for $12 million. The lawsuit was initiated by the mother of a 9-year-old girl who suffers from profound brain damage that allegedly occurred during the mother’s labor and delivery at Advocate South Suburban Hospital.
Alleging that the hospital staff and attending obstetrician violated hospital policy, the lawsuit was premised upon the failure to identify signs of fetal distress that had become apparent during the labor process by a fetal monitor that was measuring the baby’s heart rate. Instead of ceasing the administration of pitocin and ordering a Cesarean Section, doctors neglected to respond appropriately to the indications of distress.
The failure to identify and react to the distress resulted in the baby’s irrevesaible brain damage and cerebral palsy. In addition to having prominent cognitive disability, the girl also has physical disabilities related to her CP which essentially confine her to a wheelchair or bed as she is completely reliant on caretakers for assistance.
The settlement proceeds will be held in a trust account and will be used for the child’s medical needs including:
- Nursing care
- Physical therapy
- Medical equipment
- Other specialized equipment
Sadly, despite the advancements in medical care, most children with cerebral palsy have diminished life expectancies. According news reports regarding this cerebral palsy settlement, medical experts don’t expect this child to live beyond 50 years of age.