Any time a patient seeks medical care, they are doing so with the hope and expectation that what they are seeking to be provided with will be adequate. This is nowhere more so the case than when a family chooses the doctor who will help them through their pregnancy and ultimately deliver their child. However, doctors are humans and do still make mistakes. And sometimes these mistakes can have drastic consequences for both mother and child.
When a physician fails to provide adequate medical care to a pregnant patient, and the patient or her child suffers injury as a result, Maryland law allows for the patient to file a medical malpractice lawsuit against the doctor. In many cases, the hospital employing the doctor, as well as the doctor’s practice group, can also be named in the lawsuit, to prevent the doctor from shifting liability to a non-present party.
If successful, a plaintiff may receive compensation for the injuries they have sustained. Compensation packages vary according to the facts of each case, but generally they will include amounts for previously incurred medical expenses, the future costs of medical care for mother or child, lost wages and accounting for a decrease in earning capacity, as well as for the harder-to-determine category of pain and suffering.
Jury Awards Birth Injury Victim Almost $30 Million
Earlier last month, a Massachusetts jury returned a verdict in favor of a birth-injury victim in the amount of $29.89 million. According to one local news source, the now eleven-year-old victim cannot walk or talk, and is legally blind. He also must be fed through a tube.
At trial, the plaintiffs argued that the defendant doctor failed to do seven critical things, including properly analyze test results, as well as perform an emergency cesarean section when it became necessary. The jury agreed with the plaintiffs and returned the above verdict.
The jury’s verdict was broken down into several categories:
- Pain and suffering, including mental anguish, permanent disfigurement, anxiety, embarrassment, and loss of enjoyment of life – $11.5 million
- Past medical expenses – $1.04 million
- Future care needs – $16.1 million
- Lost earning capacity – $1.25 million
Have You or Your Child Been the Victim of a Doctor’s Negligence?
If you or a loved one has recently been the victim of medical malpractice, you may be entitled to monetary compensation for all that you have been put though. If successful, you could receive a compensation package including amounts for some or all of the above categories. To learn more about birth injury lawsuits, and to schedule a free consultation with a dedicated and compassionate attorney to discuss your case, call the Maryland and Washington D.C. law firm of Lebowitz & Mzhen Personal Injury Lawyers at 410-654-3600. The skilled advocates at Lebowitz & Mzhen have decades of collective experience bringing cases on behalf of those injured by a physician’s negligence and know what it takes to be successful in courts nationwide.
More Blog Posts:
Medical Malpractice Case Dismissed for Failure to Comply with Medical Expert Requirements, Maryland Accident Law Blog, February 15, 2016.
Johnson & Johnson Ordered to Pay $72 Million Award Based on Product Liability Lawsuit over Talcum Powder, Maryland Accident Law Blog, March 1, 2016.