Orléans: Hospital Ordered to Pay €49,000 After Traumatic Childbirth & Lasting Disability
A hospital center in France’s Centre-Val de Loire region has been ordered to pay nearly 49,000 euros to the national health insurance fund (CPAM) following what has been described as a “nightmarish” childbirth. The case, originating from an incident thirteen years ago, highlights the critical importance of appropriate medical assessment and intervention during delivery.
Complicated Delivery Leads to Infant Injury
On February 4, 2013, a 25-year-old woman, described as “obese” and diabetic, gave birth vaginally to a baby boy weighing 4.8 kg after 1 hour and 15 minutes of pushing, requiring an episiotomy. During the delivery at the hospital in Saint-Amand-Montrond, medical staff utilized a vacuum device. The infant sustained a fracture to his left clavicle due to an “obstetrical maneuver” performed by the midwife, according to a judgment dated November 6, 2025, from the administrative court of Orléans.
Significant Long-Term Health Consequences
The mother, now 38 years old, continues to experience severe and lasting health problems as a result of the delivery. She suffers from a gait disturbance requiring the use of a cane, as well as persistent, variable pain described as “electric shocks” in her pubis, perineum, and right leg. This pain is exacerbated by activity and prolonged periods of standing, sitting, or lying down, ultimately leading to her dismissal from her job as a cashier and versatile employee.
Financial and Legal Repercussions
The family initially sought over 250,000 euros in damages for their “prejudices.” While the Court of Appeal of Bourges had already awarded the family 513,000 euros, this amount exceeds the 384,000 euros assessed by the administrative court of Orléans, meaning no additional funds will be awarded to the family. The 49,000 euros awarded to the CPAM covers expenses not previously reimbursed, including a neurostimulator replacement, bi-monthly neurosurgeon appointments, medication costs, and the purchase of a metal cane. The hospital is also responsible for 2,000 euros in legal fees.
Missed Opportunity for Cesarean Section
The Commission for Conciliation and Compensation for Medical Accidents determined in September 2021 that the “failure to discuss and perform a cesarean section” was responsible for 80% of the mother’s injuries. The gynecologist was deemed responsible for 60% and the hospital doctors for 20%. According to the administrative court of Orléans, hospital staff failed to adequately address the risks associated with the pregnancy, particularly given the patient’s weight gain of 18 kg during the 38th week of pregnancy. A cesarean section was never considered.
As stated by attorney Me Geoffrey Tondu, the hospital failed to provide conscientious, attentive, and diligent care during the delivery, and an obstetrician should have been consulted from the outset.
Second Child Born in 2017
Following the complicated first delivery, the mother gave birth to a second child in 2017.
Frequently Asked Questions
What was the primary reason for the hospital’s condemnation?
The hospital was condemned due to failures in the monitoring of the pregnancy and the failure to consider and perform a cesarean section, which was deemed necessary given the patient’s condition.
What injuries did the infant sustain during the delivery?
The infant sustained a fracture to his left clavicle as a result of an “obstetrical maneuver” performed during the vaginal delivery.
What is the current status of the financial compensation awarded to the family?
The Court of Appeal of Bourges has already awarded the family 513,000 euros, which is a definitive amount and exceeds the amount assessed by the administrative court, meaning no further compensation will be provided to the family.
Considering the complexities of this case and the long-term impact on the mother’s health, what role should proactive risk assessment play in modern obstetric care?