Texan couples who are expecting the birth of a child may have concerns about their baby's health before the delivery as well as during the birth. After all, a negligent doctor could improperly deliver a baby, causing a serious birth injury like cerebral palsy or a fractured bone or skull. These harms can leave a child with a lifetime of pain and suffering, but the threat of serious injury doesn't end after a baby is born. In fact, the events following a birth can leave a child just as hurt and scared.
To see an example of this situation, one need only look at one recently filed lawsuit claiming that a doctor accidentally cut off a portion of a newborn's penis. According to the claim, the "significant portion" was erroneously removed during a routine circumcision. Making matters worse, medical professionals failed to put the severed tissue on ice, making it impossible to re-connect it to the child. The family is now seeking damages, which may include medical expenses, pain and suffering and disfigurement.
Doctors owe their patients a duty of care. When that duty is breached and injuries result, then a medical malpractice lawsuit, like the one discussed here, may be justified. A successful lawsuit may not only allow a family to recover compensation but also punish errant medical professionals. By imposing liability, a medical malpractice victim may take comfort knowing that they are doing their part to help prevent similar negligence from occurring in the future.
Doctors and the hospitals where they work have an enormous amount of resources at their disposal. This means that they may aggressively fight to defend themselves against accusations of malpractice. Thus, those pursuing a negligence claim against these individuals and institutions need to utilize the strongest evidence available to support their lawsuit.
Source: The Times Leader, "Lawsuit: Doctor cut off 'significant portion' of newborn's penis," Joe Dolinsky, Feb. 24, 2017