The birth of a new baby is an exciting time. However, most often mothers and babies are at the mercy of the hospital or medical provider where they are receiving care during the birth. They rely on the medical staff to care for them and to make sure that everything goes smoothly. Unfortunately, medical staff can make mistakes, which may carry serious consequences. A recent case demonstrated an instance in which a hospital’s careless error caused the baby permanent injuries.
According to one news source, the plaintiff’s daughter was born in 2009. The mother was an active air force captain and gave birth at a military hospital. When the mother was in the hospital getting ready to have a planned Cesarean-section delivery, she was given a medication to which she was allergic. That allergy was documented in her medical records at the hospital. When the mother then had an allergic reaction, she was given an antihistamine, which made her blood pressure drop and deprived her baby of oxygen.
The daughter, who is now six years old, suffered brain and nerve damage as a result. Those medical issues forced her to undergo occupational and physical therapy each week. She also has to wear leg braces and requires special accommodations at school.
Her father filed suit against the army hospital, but the case was dismissed under an old legal doctrine called the “Feres doctrine.” The Feres doctrine bars claims against the federal government by members of the armed forces and their families for injuries that arise from activities incident to military service. However, the plaintiff in this case argued that the doctrine should not apply to cases in which serious medical errors were made at military hospitals. The Tenth Circuit denied the father’s appeal, and he is now seeking review from Supreme Court.
In this case, the mother was given a medicine to which she was allergic. This could mean that the hospital acted negligently, or in other words, committed medical malpractice. Medical malpractice occurs when a health care provider breaches the applicable standard of care while treating a patient, ultimately causing the patient injury.
To prove a medical malpractice claim, the patient has to show that the health care provider breached the standard of care. The standard of care is what other health care providers in the same specialty would use in the same or similar circumstances. Medical malpractice cases require experienced attorneys and often medical experts who can explain what the standard of care is and how it was breached. If a claim is successful, a plaintiff may be able to recover damages not just for medical bills and out-of-pocket costs, but also for lost income, mental anguish, and other damages.
Have You or Your Baby Suffered Injuries While Receiving Medical Care?
If you or your baby was injured while receiving medical care, you may have a medical malpractice claim and could be entitled to compensation for your injuries. The Chicago personal injury lawyers at Moll Law Group help people who have suffered from a misadministration of a medicine, a misdiagnosis, a surgical error, a birth injury, or another form of medical malpractice. Billions of dollars have been recovered in cases in which we were involved. If you believe you may have been a victim of medical malpractice, call us at 312-462-1700 or fill out our consultation form to arrange a free initial consultation.
See More Posts:
Common Carriers Must Take Reasonable Care or Face Liability, Illinois Injury Lawyer Blog, January 12, 2016.
Safer Technologies in Cars, But Not For Everyone, Illinois Injury Lawyer Blog, February 2, 2016.
Illinois Protects Police with Partial Immunity in Police Misconduct Cases, Illinois Injury Lawyer Blog, January 16, 2016.