Family wins $26m in birth injury case: Application in Oregon

A medical malpractice case involving the injury and wrongful death of a set of twins provides an example that applies in Oregon.

A case out of New York provides an example of the impact of birth injuries. These injuries result in more than just the immediate frustrations and emergency procedures that occur after birth. They can have life-long consequences.

The case involves a mother that was carrying twins. The mother began to experience pain during her second trimester. She went to the hospital, twice, and each time was sent home without instructions. Shortly after her second visit, she went into labor. One of the twins died shortly after the birth, the other suffers from hearing loss and has damaged vocal chords. She is only able to communicate through sign language.

The family argues that these injuries would not have occurred if the physicians responsible for her care and had prescribed bed rest and certain medications. Ultimately, the jury agreed. The family was awarded $26.6 million for past pain and suffering, future pain and suffering and lost future wages as well as an additional $500,000 for the wrongful death of the young girl's twin sister.

How would a similar case proceed in Oregon?

A case with similar fact sets would likely find success in Oregon. In order to build such a case, the injured party would need to follow applicable state law.

Oregon state law provides that medical professionals have a duty to practice medicine with a "degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances in the community of the physician or a similar community." Essentially, this means that victims of medical malpractice will need to establish that the physician responsible for the injury failed to provide care that another, "ordinarily careful physician" would provide in the same situation.

This will likely require the use of expert testimony from other physicians.

Is the doctor the only responsible party?

It is also important to note that the physician in charge of the mother's care may not be the only party responsible for the injury. In some cases, the hospital is also liable for the injuries.

This is just one of the many additional issues to consider when building a medical malpractice case. As such, it is wise to contact an experienced birth injury attorney to build a case on your behalf. This professional can provide legal counsel and advocate for your interests while you focus on your health or the care of an injured loved one.

Keywords: Personal injury, medical malpractice, birth injury