Expectant parents in New York look forward to bringing their new babies home and enjoying all the milestones that come with having a child. Few expect to deal with the pressures that come from birth injuries and the high medical costs that come with them. The situation becomes particularly devastating when the injury could possibly have been avoided with the correct actions of the health care professionals in charge of the birth. A pregnant woman places her trust in her doctor and may listen to his advice even when the doctor is negligent.
Although the jury sided with the parents of a 9-year-old girl who suffered from Cerebral Palsy after a severe brain injury during her birth, the lawyer for the parents claim that the malpractice award caps leave the parents with a small percentage of the money and mountain medical bills to care for their daughter.
The parents were awarded $15 million by the jury but are likely to only see 10% of the award because of current laws. According to the lawsuit, the girl’s injuries occurred when the mother’s doctor failed to notice that she was in distress and deliver her quickly.
The young girl is in a wheelchair for life and requires a feeding tube to eat. Each medical treatment she requires on a daily basis adds to the total amount the parents must pay to care for their daughter. Any person who feels their child’s injuries were a result of medical malpractice may benefit from consulting an attorney about their case.
Source: Insurance Journal, “SW Indiana jury sides with couple in malpractice suit,” August 28, 2013