The grieving mother of a permanently injured baby girl got delighted when the birth injury lawsuit filed by the plaintiff was transferred to the Federal Court of the Illinois. According to reports from the sources the birth injury lawsuit was initially filed by the grieving mother on August 3, 2012 in the Circuit Court of Cook County, Illinois, however viewing the severity of the case and the nature of the victim the lawsuit was transferred to the Federal Court in the Northern District of Illinois on December 6, 2012.

According to the lawsuit the defendant in the case is Mount Sinai Hospital & Medical Center of Chicago. In the lawsuit the plaintiff has alleged that medical negligence on the part of the obstetrician, who delivered her daughter, left the child permanently disabled with Erb’s palsy. The plaintiff has appealed that viewing the severity of the injury and that the victim being a minor the defendant should be punished severely so as to avoid repetition of any such incidents in future.

In the lawsuit the plaintiff has stated that on July 3, 2010 she was admitted to the hospital following her labor pain. According to the reports her daughter suffered Shoulder Dystocia and Erb’s Palsy. The shoulder dystocia is an emergency situation that occurs when the baby’s shoulder gets stuck behind the mother’s pelvic bone and external force is required to get the baby out of the vaginal canal. However, according to reports the attending staff were not able to put the optimum pressure required and the exertion of extra pressure caused the baby to suffer this permanent injury.

It is important to underline here that healthcare institutes and hospitals have an established protocol that needs to be followed while dealing with the delivery of a baby. However, in this case the medical center failed to adhere to the prescribed norms that caused her to suffer a permanent disability and hence the medical negligence and malpractice was the direct cause of the child’s permanent, irreversible injuries and lifelong disability.

What is Cerebral Palsy?

Cerebral palsy is a condition whereby the victim loses control of muscles on various parts of the body particularly head region. It is mainly caused after babies having sustained birth injuries. The condition may further lead to cognitive impairment and other associated diseases. Unlike other diseases it is permanent and an irreversible condition and will affect the kid for rest of the life.

Some of the major reasons of Cerebral palsy are:

  • using in-appropriate and Improper birthing techniques
  • umbilical cord problems
  • misuse of vacuums, forceps and other instruments that can result in brain hemorrhage in the new born
  • failure in performing C-section delivery
  • use of excessive external force during delivery
  • some major infection in the baby or mother