On behalf of Hastings Law Firm posted in Birth Injuries on Monday, January 26, 2015.

A couple was recently awarded over $10 million for damages that they claimed were the result of a physician’s negligence. They believed that the resulting injury — which occurred while the victim was pregnant with her third child — could have been avoided if more care and attention had been taken with her symptoms. A jury agreed with the couple. Although many medical malpractice claims are settled outside of court, Texas victims also retain the right to pursue their claim in court if negotiations are not possible.

Around week 26 of her pregnancy, the victim reported that she began to suffer from an exceptionally painful headache and significant pain in her abdomen. Although she called her obstetrician to report the troubling symptoms, her call was instead returned by an on-call OB. The OB then determined that the woman was likely not in any danger and was probably suffering from some gastric troubles. Ultimately, the OB told the woman not to go to the hospital.

The pregnant woman ended up suffering a stroke the very next day while still in her home. After being taken to the hospital, she underwent an emergency C-section to deliver her baby who was not harmed. On the other hand, the victim suffered serious, permanent injuries from the stroke, which, had she been properly advised to seek treatment at a hospital, could possibly have been avoided.

Damages cited in the couple’s claim include both physical and cognitive injuries. The victim has also been emotionally injured as well. Although the on-call OB insisted that there was nothing that indicated the need for the victim to seek help or further treatment, the jury obviously disagreed. As the injuries that the victim suffered are permanent, the settlement will likely help cover her related medical care as well as both mental and physical pain and suffering. Texas victims who have successfully navigated a medical malpractice claim to completion often find that recovery can truly begin once the financial worry of their injuries is addressed.

Source: toledoblade.com, “Jury awards $10.9M in malpractice suit”, Jennifer Feehan, Jan. 16, 2015