When a woman gives birth in a Montana hospital or medical facility in another state, she has the right to reasonably expect that the attending medical team will adhere to state laws governing the industry and will provide high-quality care according to accepted protocol and safety standards. If a doctor, nurse, technician or other licensed medical worker fails in his or her fiduciary duty, resulting in a birth injury, the parents of the child may seek justice on behalf of their son or daughter. To do so, they can file a medical negligence claim in a civil court.
Parents in another state filed such a claim on behalf of their son, who is now age 3 but unable to walk or feed himself. In fact, he needs round-the-clock care and must take eight medications per day as a result of the brain injury he suffered because his delivery at birth was delayed. His parents claim that the hospital, as well as several nurses and doctors, are responsible for their son’s injuries.
In the initial claim, the parents stated that there was a deviation from accepted procedure in the obstetrical care provided to the woman and her child during labor and delivery. The parents agreed to settle the case and will ultimately receive more than $7 million according to a set payment schedule. The child in question suffered severe brain damage from lack of oxygen at the time of his birth.
No amount of money can relieve the emotional pain and anguish Montana parents might suffer in a medical negligence case. However, many parents take comfort in knowing that medical, psychological and legal support is available to those whose children have needlessly suffered because a doctor, nurse or other medical worker failed to keep them safe. An experienced personal injury law attorney is a valuable asset to have on hand if one is considering filing a claim on behalf of a minor.