Children in Arizona or elsewhere who are injured at birth may have special needs for the rest of their lives. One boy in Pennsylvania is likely to need a motorized wheelchair later in life because of how forceps were used in his delivery. The child is currently five-years-old and is unable to speak, read or write. His parents won a $42 million judgment in a claim made against the federal government.
According to the parents, the doctor used the forceps despite the fact that there was no reason to do so. Although the government originally chose to appeal that verdict, it decided to drop the appeal. The boy was born at Keystone Women's Health Center, which is supported by the federal government, and that is why it was named as a defendant in the case.
Since the incident took place, the hospital has said that it has taken steps to ensure that similar ones don't happen again. Of the $42 million that the parents won, $33 million is to pay for the child's future medical expenses while $104,000 was given to cover previous medical expenses incurred. Another $5 million was awarded for pain and suffering that child incurred. According to the parents, the forceps use caused the boy's brain to fracture and bleed.
In a birth injury case, a parent may be entitled to pursue various damages from one or more parties such past, current or future medical costs related to the injury. In many cases, the doctor who made the error and the hospital where it occurred may be named as defendants in a medical malpractice case. However, other parties may also be named in a medical malpractice claim. An attorney may review doctor, hospital or victim statements to determine if malpractice occurred.