Ronald W. Ramirez, Attorney at Law

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Lawsuit claims doctor errors caused brain injury

For most parents in New York, the impending birth of a child is a time filled with hope and anticipation. Unfortunately, that experience turned to tragedy for parents in another state. A lawsuit stemming from the child's birth claims that doctor errors resulted in severe brain damage to their infant.

The incident happened in Feb. 2012. According to reports, the delivery of the child was going as anticipated. Despite that, a doctor allegedly used forceps on the baby after the mother had only pushed once. After an initial use, the doctor reportedly used them three more times. The use of forceps so early in labor is considered unnecessary.

The baby's face reportedly had forceps marks after delivery, and he began experiencing symptoms that indicated he was suffering from intracranial pressure and bleeding within hours. Since then, the child has undergone multiple surgeries and may have to undergo additional procedures in the future. His condition is such that he will require supervision for the rest of his life; his parents claim that his needs will eventually outpace the quality of care they can provide, and he will likely have to be placed in a care facility. A judge has recently ruled on behalf of the family, awarding them over $40 million. Because the incident occurred at a facility that receives federal support, the federal government must pay the award.

Regardless of the facility where a child is delivered, parents should have confidence that medical care providers will meet the minimum standard of care. While most doctors in New York are committed to their patients, seemingly simple doctor errors can have lifelong impacts on the lives of their patients. Because of the expense that comes with treating and managing brain injuries, many people feel they have no other choice than to file a medical malpractice lawsuit against the doctor and/or facility responsible for the injuries.

Source:, "Chambersburg family awarded $42M after doctor causes birth injury", April 25, 2017

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