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Baby born with birth injury due to hospital error

Most Texas women experience a roller coaster of emotion when navigating their ways through pregnancy, labor and childbirth. It's typically an exciting time, interrupted by brief periods of anxiety and worry. When something goes wrong leading up to or following a delivery -- such as a birth injury -- moms have a right to know who may be at fault.

A woman in another state was expecting a baby in 2009. As her due date neared, she grew concerned when her baby suffered decreased fetal movement. She did what most good mothers would do in such situations and sought urgent medical care.

She was sent to Temple University Hospital for help. Sadly, it was nearly three hours or more before she actually saw the attending physician in person. It may have been too late. The doctor wound up performing an urgent C-section, but the baby was born with several serious injuries.

Some say the infant likely already had brain damage when the mother arrived at the hospital for treatment. However, the hospital filed a lawsuit against the federal government after settling a lawsuit (filed by the mother) out of court. In suing the government, the hospital claimed that, since the doctor was a federal employee, the government should be held liable for part of the settlement. A federal judge agreed and ordered the U.S. government to pay $4 million (half of the settlement) to the mother for the child's needs. Any Texas parent who believes doctor negligence caused a child's birth injury can proactively seek justice on behalf of the child by filing a medical malpractice claim in court.

Source:, "U.S. ordered to pay half of Temple hospital's $8 million birth injury settlement", Marie Mccullough, April 17, 2017

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