A young boy recently settled a lawsuit against a hospital and physician in a negligence suit alleging the boy developed cerebral palsy as a result of the physician's medical negligence. The boy developed cerebral palsy after 25 surgeries, which were an attempt to address a leak in the boy's esophagus that was not life threatening.
What is cerebral palsy?
Cerebral palsy is a medical disorder that results from damage to the brain. The disorder can be the result of a traumatic brain injury during a car accident or fall, injury due to a lack of oxygen during labor and delivery or an infection in or around the brain.
Symptoms can include:
- Cognitive impairment
- Difficulty swallowing
- Hearing impairment
- Visual impairment
- Delays in speech development
The symptoms associated with cerebral palsy can range from relatively minor to very severe. It can affect the whole body or be limited to one side.
When is cerebral palsy the result of medical malpractice?
In this case, the physician used a suturing device in an unapproved manner. This resulted in a puncture to the boy's pulmonary artery. The injury led to severe brain injury and cerebral palsy.
The boy's legal team gathered evidence to support the contention the physician deviated from the accepted standard of care. The evidence was sufficient to warrant the hospital and physician agreeing to settle the case before going to litigation. The $30 million settlement for the surgical error medical malpractice case will provide funds for the family to use towards future medical care and expenses related to the injury.