On November 20, 2020, after a one-week trial, a Mississippi medical malpractice jury returned its verdict in favor of a woman who gave birth by emergency Cesarean section delivery at 32 weeks gestation on January 30, 2012 to a baby who suffered catastrophic brain injury due to the defendant OBGYN’s alleged failure to provide appropriate care during her pregnancy.
The Mississippi medical malpractice lawsuit alleged that the defendant OBGYN was aware of the results of a routine sonogram taken on November 7, 2011, at 20 weeks of pregnancy, that showed that the fetus was suffering from severe intrauterine growth retardation (the baby only weighed about one-half pound at that time) but failed to refer her to a specialist or take other appropriate measures to investigate and monitor the condition.
The defendant OBGYN reportedly admitted that he managed the plaintiff’s pregnancy as though it was a normal pregnancy. His defense was that his diagnosis of severe growth retardation on November 7, 2011 was not a real diagnosis but rather was manufactured by him to make sure that he received payments from Medicaid for the services he provided to the woman. The defendant further argued that a sonogram on January 20, 2012 (before the emergency delivery on the same date) showed low amniotic fluid and the fetus was small, which were not concerning, according to the defendant OBGYN. The defense argued that the baby’s injuries were due to a late intra-ventricular hemorrhage and issues related to his prematurity at delivery, and that the defendant’s care and treatment of the plaintiff was reasonable and he did not breach the standard of care.
The plaintiff’s Mississippi medical malpractice lawyer stated after the verdict: “The baby suffered a brain bleed and catastrophic, permanent brain injuries including cerebral palsy. The 8 year-old child cannot walk, eat, talk, etc., His condition is permanent and he has a life expectancy of 25 years. The jury saw through the lie and returned a verdict of $2.6 million. Juries rarely return malpractice verdicts in favor of a plaintiff in Rankin County. This verdict is exceptional.”
The plaintiff stated after the verdict: “We are so thankful the jury believed in our case and held Dr. Bush accountable. We are especially grateful to finally get some help so we can put some funds in a guardianship account for Weston’s ongoing needs.”
After the verdict was rendered against the defendant, the defense did not comment about the verdict or whether there will be an appeal.
If you or your child may have been injured during pregnancy, labor, or delivery as a result of medical malpractice in Mississippi or in another U.S. state, you should promptly find a Mississippi medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your birth injury medical malpractice claim for you and represent you and your child one in a birth injury medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find birth injury medical malpractice attorneys in your state who may assist you.
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