Last week, a jury found Dr. Emerson R. Julian, Jr., an obstetrician and former city councilman, liable for medical malpractice. He has been ordered to pay $8.1 million to the parents of a baby boy who suffered brain damage during a challenging delivery at Mercy Medical Center in 2003.
Baby Caleb Spence’s shoulders had gotten stuck in his mother’s birth canal—this is known as shoulder dystocia. When this happens, the baby’s breathing can become obstructed and doctors are known to try different techniques to deliver the baby as soon as possible. According to Caleb’s family, Dr. Julian applied an extraction technique that is considered dangerous. Dr. Julian disputes this claim.
Because of Maryland law, however, the damages are limited to just above $2.1 million because of a cap on awards for pain and suffering.
According to the plaintiff’s medical malpractice lawyer, Baby Caleb Spence died one year after his birth due to a respiratory illness connected to his permanent brain damage.
Mercy Medical Center agreed to pay an out-of-court settlement last year, of which the terms are confidential.
Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when their treatment causes a patient to grow ill or their condition or injury to become worse. Other incidents of medical practice can include failure to properly diagnose (or delay in diagnosing) an illness, surgical errors, delivery errors, and errors in treatment, prescription, and care.
If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf.
Who Can Be Held Liable for Medical Malpractice:
• Pharmaceutical companies
• Health care facilities and providers
For more than a decade, Lebowitz and Mzhen is a personal injury law firm that has successfully represented many clients in the Maryland and Washington D.C. area in their medical malpractice claims against liable parties. Call Lebowitz and Mzhen today and schedule a free consultation.
Obstetrician found liable for malpractice, Baltimore Sun, May 17, 2007
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