Article posted on:01/21/2009

An Illinois mother recently settled a medical malpractice case against a hospital, their family practitioner and a nurse for $15,350,000 after the family practitioner attempted 18 times, unsuccessfully, to deliver her child using a vacuum extractor. During the course of these unsuccessful attempts, the baby became distressed and ultimately an emergency cesarean section was required to deliver the boy. Following delivery, the boy was diagnosed with severe cerebral palsy and mental retardation. He requires the use of a wheel chair as well. In the lawsuit, the mother alleged that the family doctor negligently caused brain damage to the child through his repeated use of the extractor; that a nurse who was present failed to properly serve her role as a patient advocate by insisting that the physician stop using the vacuum extractor; and that the hospital failed to exercise reasonable care in evaluating the doctor's competency to perform safe vacuum deliveries at the hospital.

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