When a doctor informs expecting parents in Maryland that their child has suffered an injury or defect, their worst fears may have been realized. Yet, that startling announcement may really only be the beginning of a sometimes very long ordeal. Attempting to determine whether or not a birth injury resulted from medical negligence often requires an extensive investigation.
An out-of-state judge handed down one of the biggest birth injury verdicts in that state’s history. The family received a $4.2 million award. The jury determined that the injury was due to the midwife’s failure to deliver the child correctly.
The child was apparently incorrectly taken from the womb, which caused a permanent shoulder injury. The suit, which was filed in New London, Connecticut, also included complaints against both the delivering midwife, as well as her employer. The most serious of the complaints was that the midwife failed to ensure that proper medical care was given to the child, as well as the mother. This apparently caused the infant to suffer over a dozen injuries.
A Maryland medical professional’s standard of medical care is typically established on the professional’s area of focus, as well as common medical practices in that locality. When it comes to a birth injury suit where expert testimony establishes that the medical practitioner’s actions were below that standard, it is possible that a jury may find the individual to have been negligent. This may lead to an award compensation to a patient for any injuries that may have resulted. However, it is essential for litigation strategy to anticipate any and all contrary theories that may be advanced by the medical professional’s defense team. This is most effectively done when an early start into the case’s investigation of medical negligence occurs.
Source: norwichbulletin.com, “Jury awards former Norwich family $4.2 million in birth injury case“, Joe Grogan, Oct. 28, 2016