Thousands of healthy babies are born throughout the United States and in states like Ohio every day. When complications related to the delivery and birth of a child does occur, however, there can be long-lasting and irreversible injuries. The lawsuit of a couple who filed a medical malpractice claim alleging hospital negligence after the birth of their son was recently vindicated as the trial court's ruling was overturned.

During the mid-nineties, the woman became pregnant and was seen by a doctor who specialized in high-risk pregnancies. Upon reviewing the woman's medical history and current health status, the specialist recommended she deliver her baby via cesarean section.

When it came time for the woman to deliver her baby, however, her regular doctor was on vacation and she was left in the care of two adjunct physicians. As the time to deliver approached, one of the doctors made the decision that the woman should deliver the baby vaginally. Ten days later, the baby was diagnosed as experiencing brain seizures that resulted in permanent brain damage.

The couple sued the hospital where the doctors' were employed, but a jury ruled in favor of the medical facility in a 2008 decision. Appealing the lower court's decision, the state Supreme Court recently vacated the jury's decision and the medical malpractice lawsuit will now go to trial again.

Brain injuries that result during labor and delivery are often serious and result in permanent damage. Individuals impacted often require physical therapy and on-going medical treatment throughout their entire lives. Families who are impacted due to the negligent acts of a hospital or physician may chose to file a medical malpractice lawsuit to for compensatory damages to help cover the many costs associated with birth injuries.

The Salt Lake Tribune, "Appeal: Attorney for Intermountain Healthcare prejudiced the jurors, court rules," Tom Harvey, July 21, 2012