Medical Malpractice Case Study
Medical malpractice is when a doctor or another medical professional, such as a nurse or technician, does something or does not do something that causes an injury, harm or death to a patient. In the U.S., experts estimate that about seven in every 1,000 newborns suffer a significant, traumatic birth injury each year due to medical malpractice. Those injuries include, but are not limited to, autism, cerebral palsy, as well as Erb's palsy. According to Donald H. Beskind, a professor at Duke University School of Law, juries are typically influenced by three main factors when deliberating on malpractice cases: the degree to which it is clear who was at fault for the negligence, what money would do to improve the plaintiffs' quality of life, and
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Rebecca Fielding had every intention of delivering her baby at home with the help of a midwife. Unfortunately, the baby had other intentions and she was rushed to Johns Hopkins Hospital, where she sat and waited for a total of two hours before anything was done about her being in screaming labor. This resulted in their baby being severely and permanently mentally and physically disabled. They contend their child's cerebral palsy and seizure disorder was caused by a loss of oxygen to the brain while Fielding waited two hours for a Caesarean section. The couple’s lawyer dismissed arguments from Johns Hopkins' attorneys that the boy lost oxygen during prior stages of the mother's labor at the family's home, not at the hospital. The evidence presented in their court case convinced a Baltimore Circuit Court jury to award them $55 million, about $29.6 million after a state cap on damages is applied, and the money will be kept in a trust for the child's needs and the couple's lawyer. The jury awarded $25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for non-economic damages such as pain and suffering. Because of the state cap, the $26 million was reduced to $665,000. Rebecca fielding states that she does not know what was going on at the time of her arrival, or her stay in the hospital,
Rebecca Fielding had every intention of delivering her baby at home with the help of a midwife. Unfortunately, the baby had other intentions and she was rushed to Johns Hopkins Hospital, where she sat and waited for a total of two hours before anything was done about her being in screaming labor. This resulted in their baby being severely and permanently mentally and physically disabled. They contend their child's cerebral palsy and seizure disorder was caused by a loss of oxygen to the brain while Fielding waited two hours for a Caesarean section. The couple’s lawyer dismissed arguments from Johns Hopkins' attorneys that the boy lost oxygen during prior stages of the mother's labor at the family's home, not at the hospital. The evidence presented in their court case convinced a Baltimore Circuit Court jury to award them $55 million, about $29.6 million after a state cap on damages is applied, and the money will be kept in a trust for the child's needs and the couple's lawyer. The jury awarded $25 million for future medical expenses and a life-care plan, $4 million for future lost wages, and $26 million for non-economic damages such as pain and suffering. Because of the state cap, the $26 million was reduced to $665,000. Rebecca fielding states that she does not know what was going on at the time of her arrival, or her stay in the hospital,