In Philadelphia, a $78.5 million award was given to the mother of one three-year-old who has suffered from cerebral palsy since his birth. Under the jurisdiction of a Philadelphia court of common pleas jury, Friday proved to be a day to remember for one woman and her family, all of whom were finally recognized as victims of a medical malpractice case in which deficient diagnostic procedures adversely affected the birthing process for the mother and her child.

Thirty-four year old V. Upsey arrived at the Pottstown Memorial Medical Center in August of 2008 showing signs of complications during her pregnancy. Upon inspection from one of the facility's doctors, it was determined that the woman's baby, deprived of oxygen, had died in the womb. This conclusion was arrived at after the doctor performed an ultrasound on the woman. However, the same procedure was again conducted only a short time later by another hospital staff member, this time yielding extremely different results. Instead of finding a deceased, unborn child, the professional giving the ultrasound found a fetal heartbeat which prompted the hospital to conduct an emergency cesarean section immediately.

According to accounts from the incident, there was an approximate 81 minute delay between each ultrasound, a time span that proved to be detrimental for the mother's unborn child. According to healthcare professionals, it was during that time that the fetus's condition began to deteriorate, ultimately resulting in the child's development of cerebral palsy. Now, the mother is suing the hospital for failing to provide a trained professional to perform her ultrasound, as this could arguably have prevented the delay, during which time outdated equipment and an unknowledgeable professional were substituted for newer equipment and an experienced ultrasound technician.

Under the scrutiny of a jury, the doctor was not found responsible for the incident. Instead, the hospital at whole is being held liable for the birth injury accident and has been mandated to pay out more than $75 million to the victims of the accident. In total, the verdict is meant to account for pain and suffering of the baby his mother, as well as emotional distress, loss of earnings, and medical care for the child. When looking at it this way, the payout seems hardly enough to cover the emotional turmoil that was created when a woman close to giving birth was told first that she would be delivering an unborn child, and then that she would be rushed into an emergency delivery, and finally that her newborn would forever suffer from a brain defect known as cerebral palsy.

It is an unfortunate fact that cases of malpractice such as that described above are not uncommon. In fact, they happen more often than anyone would like to admit and much more than what is made public knowledge. Victims of medical malpractice cases are at an extreme disadvantage, as there is almost nothing that can be done on their end to prevent the incident from occurring in the first place. That is a responsibility that is solely on the medical professional responsible for the care of their patients. Therefore, when an negligent or reckless act does adversely affect the patient of a hospital, doctor's office, pharmacy, etc. it is in the best interest of the victim to immediately seek legal attention for the matter. Under the direction of an attorney, the wrongs that were enacted against a medical patient can begin to be righted. Neonatal specialists, ultrasound technicians, delivery nurses and hospital physicians are expected to live up to the standards of care conducive to the health and wellbeing of their patients, and when they do not it could be considered medical malpractice.