On May 4, 2015, a Baltimore medical malpractice jury returned its verdict in favor of the plaintiffs in the amount of $2 million, which included $350,000 in noneconomic damages, $1.5 million for future medical expenses, and $150,000 for past medical expenses, for the birth injuries suffered by a newborn in April 2006 as a result of the alleged failure of the obstetrician to recognize that the baby was born prematurely. The medical malpractice jury of six women deliberated for just two hours after a ten-day trial before rendering its verdict against the obstetrician, but in favor of the defendant hospital.
The Alleged Underlying Facts
The pregnant woman was admitted to the defendant hospital in April 2006, one day after her water broke. Despite an ultrasound that was performed 12 days prior that showed that the fetus was premature, the defendant obstetrician allegedly miscalculated the pregnancy at more than 36 weeks, as opposed to 33 weeks.
Instead of providing steroids to the fetus in utero to increase her lung capacity due to her prematurity, and delaying the birth, the birth was allowed to occur. After her birth, the now nine-year-old girl, who suffered cerebral palsy allegedly as a result of her premature birth, was treated in the NICU for issues associated with her premature birth, including underdeveloped lungs and respiratory problems. A neonatologist in the NICU allegedly determined the mistake in the determination of the length of the pregnancy, according to the plaintiffs’ medical malpractice lawsuit.
The plaintiffs also alleged that medical records were changed afterwards to indicate that the newborn was fully developed at birth.
After the Baltimore medical malpractice jury’s verdict, the plaintiffs’ lawyer stated, “A woman has a right to control her body and the medical decisions that are made, and in this case the right was taken away from her.” The plaintiffs’ lawyer described the child as “a sweet girl who had a devastating injury.”
Source Abid, et al. v. St. Joseph Medical Center Inc., et al., Circuit Court for Baltimore County, Case No. 03C13012960.
The birth of a happy, healthy baby is the hope and desire of all expectant parents. While there are no guarantees that a child will be born healthy, the actions (or inactions) of the medical providers involved in the labor and delivery may have a profound and long-lasting effect on the child, the parents, and the extended family. The most painful two words for parents of babies catastrophically injured during birth are “If only …” Many parents unjustly blame themselves for their child’s life-long struggles. The lives of these parents are changed forever…
If your family suffered an unexpected birth injury in Maryland or in another U.S. state that may be due to medical negligence, you should promptly find a medical malpractice lawyer in Maryland or in your state who may investigate your birth injury claim for you and represent you in a birth injury malpractice case, if appropriate.
Visit our website to submit a short, secure form, or call us toll-free in the United States at 800-295-3959, to be connected with birth injury medical malpractice lawyers in Maryland or birth injury lawyers in your state who may assist you.
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