King County jury orders Evergreen Hospital to pay $4.2 million for hospital negligence

A jury ruled in favor of the parents of a severely disabled Maple Valley Girl, Miriam Tavares, who was born at Evergreen Medical Center in Kirkland, Washington five years ago . In awarding the Tavares family $4.2 for the care of Miriam Tavares, the jury found Evergreen Hospital negligent and that the hospital’s malpractice is the cause of Miriam’s severe birth injuries. Miriam has cerebral palsy, is unable to walk, talk or eat, is disfigured, has low vision and suffered brain damage because of lack of oxygen during birth. Doctors also predict a shortened life expectancy.

Sharla Tavares, Miriam’s mother, had a high risk pregnancy due to placental abruption. When she went into labor and arrived at Evergreen, the nurses on duty failed to inform the Obstetrician that they had a high risk patient. The doctor left the hospital for a break and that is when Miriam went into distress and her heart rate dropped. According to the suit, nurses waited 20 minutes before calling the doctor and asking her to return to the hospital and even then, they did not express to the doctor the severity of Tavares’ condition.

When the physician did return, she was surprised to find that Tavares was not prepped and ready for an emergency c-section. There was no time for Tavares to be wheeled into the operating room so the doctor performed an emergency C-section in four minutes but Miriam was born without a heartbeat and limp.

Evergreen’s defense was that the baby suffered the damage before she arrived at the hospital.

Miriam’s parents, Sharla and Erik, issued a statement through their attorneys saying, “We are grateful that we are seeing accountability. Hopefully Miriam’s medical needs will be met, and she will continue to progress and live a full life.”

Information for this post came from The Seattle Post Intelligencer as reported by Vanessa Ho.

Of all types of malpractice cases, obstetrics and birth injury malpractice cases are often the most noteworthy because they often result in severe injuries that last a lifetime like in this case.

When a fetus lacks oxygen during the birth process, cerebral palsy is often the result. Failure to monitor the mother during labor and failure to intervene and promptly perform a c-section when the child is in distress is clearly negligence.

While no amount of financial compensation can ameliorate the pain and suffering of a child that has been severely injured because of negligence at birth, it can provide the financial resources for families who have enormous medical and educational expenses due to their child’s disability.

The Farber Law Group is a law firm with more than 40 years experience in representing victims of medical malpractice.

If your child was injured due to a birth injury that resulted from medical malpractice, call today for a free case consultation.

See our Birth Injury Resources.

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