Birth Injury Lawyers

When David and Elizabeth Morris were anticipating the birth of their son Hunter, there was no thought about problems that might arise. To their dismay, when their son was being delivered the doctors at the medical center failed to respond in a timely manner to Hunter’s deteriorating condition while still in the womb. Hunter suffered from oxygen deprivation at birth and as a result lives with permanent brain damage and cerebral palsy. In May of 2008, the Morris’ settled their lawsuit against the University of Virginia Medical Center for $1.35 million stemming from the 2001 birth of their son. The medical bills for Hunters lifetime are expected to be $9 million, which is well above state caps on medical malpractice damages.

In court papers, the Morrises, of Waynesboro, alleged that doctors at the University of Virginia Medical Center failed to respond to their son’s deteriorating condition in the hours before birth. The defendants denied the allegations. The foundation employing the doctors argued that it and the doctors were immune from suit by any patients because of the charity care they provide to indigent patients. At the time of Hunter’s birth, the maximum award in a malpractice suit in Virginia for an injured person was $1.6 million. State laws limiting the amount that parties can derive from medical malpractice suits will top off this summer at $2 million.

Newborns are very susceptible to infection and disease due to their size. Their soft bones, newly developed organs, and weak immune systems cause injuries to become sustained and thus causing devastating permanent effects. In Hunter’s case the lack of oxygen caused damage to his brain leading to cause medical malpractice related cerebral palsy. Cerebral palsy causes those suffering from it to experience blurred speech, poor muscle control, limited mobility, and learning disabilities. The physicians at the University of Virginia Medical ignored their responsibility to accurately ensure that Hunter was properly oxygenated, and did not take immediate action to correct any potential problems.

5 out of every 1000 babies born in the US will undergo some sort of birth injury. The difference between a birth defect and a birth injury is that the latter occurs during a difficult delivery when something goes wrong and the child some sort of distress. When determining who is responsible, there are many different factors taken into account. Did the doctor fail to emit proper procedures, were their any nurses, interns or techs involved, or was their medicine administered that caused this defect? In all of these situations an experienced birth injury lawyer would be able to provide you with the answers on how to go about going forward with your case. Having a child who has encountered a birth injury is a trying time, which is never easy and emotional.

For more information about the News Advance article: Morris vs. University of Virginia Medical Center click here