Personal Injury Law

Family Awarded $11.4 Million in Medical Malpractice Lawsuit

By Steven M. Levin and John J. Perconti

A jury awarded more than $11.4 million in medical malpractice damages to the family of a boy who suffered brain injuries from complications during his birth in August 2005. The jury found in favor of the plaintiffs who claimed their son?s brain injuries were caused by negligent care by a Hospital midwife and nurse during the delivery. The jury determined that the certified nurse midwife and the registered nurse were responsible but did not find that the doctor had any wrongdoing. In their suit, the family claimed the hospital staff failed to act appropriately and to deliver the baby in a timely fashion. Additionally, the family alleged that the midwife misread fetal monitoring strips that showed the baby was stress and should have called in the doctor when the delivery was not progressing as it should have. The trial lasted three-week and the jury heard testimony from experts who gave differing opinions on the quality of care and whether it played a part that left the baby with cerebral palsy and in need of constant care. The jury awarded the family $310,369 for past medical and heath care expenses; $5 million for future care; $387,00 for the child?s loss of earning capacity; $3.25 million for the child?s past and future pain, suffering and disability; and $2.5 million for the parents? loss of society and companionship. To read the full story, click here.

Full post as published by Illinois Medical Malpractice Blog on October 23, 2008 (boomark / email).