Maryland Family Awarded $34M After Emergency C-Section
A Maryland family won a jury verdict of $34 million after doctors performed what they alleged was an unnecessary C-section. According to the lawsuit, the patient presented to the hospital with lower intestinal pain. Her doctors diagnosed her with premature labor and fetal distress related to her pregnancy. According to the complaint, tests showed no form of placental abruption or labor. The diagnosis of preterm labor and fetal distress spurred doctors to perform an emergency C-Section. The plaintiff was 23 weeks pregnant at the time. The baby was born with brain damage.
As a result of the baby’s injuries, the baby will require a lifetime of medical support and will never lead a normal life. The family maintains that the hospital was negligent in the decision to perform the C-section and the baby would have been fine if the mother had been allowed to carry it to term. Her doctors contend that the baby would have died without the emergency C-section and they did all that they could to ensure that the baby was born healthy.
A Maryland jury decided that the hospital made an error in performing the C-section without evidence of placental abruption or other signs that the fetus was in distress. A judge entered an order of $34 million against the hospital for medical malpractice.
Elements of negligence in a medical malpractice lawsuit
In a medical malpractice lawsuit, it is never enough to show that the outcome was negative and therefore, the hospital is responsible. You must be able to establish that a different doctor in the same position would not have made the same error. In other words, you must compare the standard of care that you received from your doctor to the prevailing standard of care for the medical profession. In this case, the family was able to prove that the plaintiff was misdiagnosed resulting in an unnecessary C-Section that injured the baby. A jury agreed with the plaintiff and entered a $34 million judgment against them.
Damages in a birth injury lawsuit
Some of the largest verdicts that you will see occur in birth injury lawsuits. This is because the baby will require a lifetime of medical support for their injuries. In the case mentioned above, the baby was born with severe brain damage. He may never walk or talk and will require round-the-clock medical care and a lifetime of living support. In other words, the baby will never be able to live their life without the aid of medical staff and those services are expensive. Rather than the family paying for the medical services the baby will require, the jury saw fit to hold the hospital liable. The $34 million will be placed in a trust for the baby to receive the medical support they need for the rest of their life.
Talk to a Baltimore Medical Malpractice Attorney Today
The Baltimore medical malpractice attorneys at Furman | Honick Law represent the interests of Maryland residents who have been injured by the negligent practice of medicine. Call our office today to schedule a free consultation and learn more about how we can help.