When Misty Tipton’s son, Tyler Tipton, suffered a brain injury due to the medical malpractice of hospital staff during his birth, she had no ability to predict how far reaching the effects of his injuries would be. Tyler’s birth was induced and nurse midwives used suction to extract him when the doctor who was paged to deliver Tyler never showed up. The delivery was done without physician supervision, which means that Tyler now must live every day of his life with intense supervision at a staggering cost.
Medical Malpractice claims across the country, such as this one for the traumatic birth, face greater uphill battles thanks to “tort reform” legislation introduced in many states. Yet the reality is that parents like Misty Tipton are the ones left with the overwhelming expense, both financially and emotionally, with having to raise their children whom have been permanently disabled with cerebral palsy or some other condition.
As Misty explains, Tyler needs constant supervision, even requiring one parent to sleep in his room every night due to seizures, and he is incapable of speaking. At the settlement proceedings, one of the defense attorneys had to leave for her child’s dance recital. Misty remarked that Tyler will never get to do that due to medical negligence. Fortunately for her and her family, at the very least they were able to receive a settlement put into a trust account that would help to pay for Tyler’s continuous medical expenses.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.