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Failure to deliver emergency care can be medical malpractice

Bringing a child into the world is often anticipated with great joy in Maryland. A woman in labor in another state experienced complications that resulted in her child being born with severe brain damage. The mother filed a medical malpractice lawsuit against the hospital where her child was born.

The complication that may have caused the brain damage occurred while the woman was in labor. According to ultrasound readings during labor, the fetus showed no signs of movement for a six-hour period during labor. The mother also communicated to medical staff that she could not feel the baby moving. During the medical malpractice trial, attorneys claimed that medical staff ignored the ultrasound results that might have indicated a problem. Expert witnesses testified during the trial that had a cesarean section been performed when the problem occurred the brain damage would have been prevented.

The child is now 5 years old and cannot sit up, speak or walk by himself. The jury returned an award of $101 million, but this was reduced to $50 million in a mutual agreement between the two parties. As part of the agreement, the hospital agreed not to appeal the verdict.

People in Maryland trust their medical well-being, and that of their loved ones, to the care of knowledgeable and dedicated health care professionals. They trust that the medical professionals will perform to the best of their ability to deliver necessary health care, including in emergency situations. Failure to do so can have tragic repercussions that can result in medical malpractice lawsuits.