Labor and delivery is supposed to be an exciting time for parents as they eagerly await to meet their child for the first time. Unfortunately, there are times when complications arise during labor and delivery that result in a mother and/or her unborn child suffering. Sometimes, this suffering leads to serious conditions developing while other times, both baby and mom are left unharmed. But, because there is always the potential for complications to arise, doctors, nurses, and other healthcare staff on duty during the time a mother is in labor are expected to monitor her and her baby and immediately address any issues that might arise.
Sadly, doctors, nurses, and other health care staff are people too and they make mistakes. Sometimes, these mistakes occur without a healthcare professional even realizing it while other times, they happen on account of a medical professional’s negligent behavior. Either way, when an error is made due to negligence that results in a mother and/or her unborn baby suffering, there are legal consequences a doctor or nurse must face.
Family Awarded $50 Million After Baby Boy is Born with Brain Damage
Five-year-old Gerald Sallis was born with such severe brain damage that he is unable to speak, walk, or sit up without assistance [Source: WSAZ 3 News Channel].
As saddening as it is to see babies born with medical issues such as brain damage, sometimes, certain conditions cannot be prevented. This wasn’t the case with Gerald Sallis. In 2014, Tequila Sallis went into labor and was admitted to West Suburban Medical Center in Oak Park, IL. During that time, she grew concerned as she wasn’t feeling her baby move for an extended period of time. Overlooking her concerns, medical staff aided Sallis as she delivered Gerald naturally who was born with brain damage.
Sometime after the delivery, Sallis decided to hire an attorney who assisted her with collecting the evidence she needed to prove the healthcare staff’s negligence was the cause of her baby boy’s suffering. Her attorney also helped her file a medical malpractice lawsuit against Tenet Healthcare which owned the hospital. During the hearing, Sallis’ attorney informed the jury that the medical staff “ignored ultrasound results that indicated the unborn baby didn’t move for six hours during labor in 2014,” and experts were brought in to testify that “a cesarean section would have prevented Gerald Sallis’ brain damage.”
After all the evidence was presented, the jury ruled in favor of Sallis and awarded the family $101 million in damages. The family, however, only accepted $50 million of this as they had come to an agreement with the defendant that they would cap the award at this amount if the verdict exceeded $50 million. In return for agreeing to place a cap on the amount of damages awarded given one was needed, Tenet Healthcare agreed to not appeal the decision which would result in the case closing.
Important: Doctors and healthcare facilities are given the right to appeal a judge and/or jury’s decision after a verdict is reached. However, with the right medical malpractice lawyer representing you, you stand a better chance of still walking away with what the judge and/or jury awarded you despite the defendant filing an appeal.
Should I file a medical malpractice lawsuit if my baby suffered a birth injury or was harmed during labor and delivery?
If your baby suffered in some way during labor and delivery and you are now looking for assistance with recognizing a physician and/or hospital in Iowa for their negligence, you’ve come to the right place. The fact is, you may very well have a viable case that is worth taking to court, but it isn’t until one of our trusted personal injury attorneys asses the matter to determine this. If you would like the opportunity to speak with an Iowa injury attorney who is prepared to help you, its time you contact Eells & Tronvold Law Offices, P.L.C.
Cases stemming from medical malpractice can take a significant amount of time to settle which is why it is important that you allow one of our attorneys to begin working on it now. Investigations need to be conducted and evidence needs to be collected and our personal injury lawyers believe the sooner you contact us, the better.
The State of Iowa has also set a time limit for victims of medical malpractice to file a lawsuit, which we refer to as the statute of limitations. In Iowa, you are given two years from the date the injury occurred to file suit. This means that after two years have passed, the court could deny your case and you would lose the opportunity to recover damages for the pain and suffering you and your child endured as a result of the medical mistake. So, if you want to be sure your lawsuit is filed in a timely manner and that you stand a chance at obtaining a successful outcome, contact our Iowa injury law firm today at (319) 393-1020.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51st Street NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000