birth injury lawyers Archives - Page 3 of 8 - Medical Malpractice Lawyers

Georgia Appellate Court Affirms Hospital’s Arbitration Agreement Did Not Apply To Unborn Baby’s Malpractice Claim

May 14, 2022

Jacqueline Kingston van Engelen (“Jackie”) went to Emory Healthcare, Inc.’s Emory Johns Creek Hospital with vaginal bleeding on July 10, 2019, while she was 31 weeks pregnant. She was discharged but returned the next morning on July 11, 2019, this time with vaginal bleeding and con[...]

Iowa $98 Million Birth Injury Medical Malpractice Verdict

March 24, 2022

On March 21, 2022, an Iowa medical malpractice jury deliberated for about 90 minutes after a 14-day trial before it returned its verdict in the amount of $97.4 million in favor of the parents of a newborn who suffered permanent brain damage during delivery in 2018 as a result of the improper use of [...]

Frequency Of Medical Malpractice Lawsuits Against OB/GYNs Continues To Fall

March 20, 2022

Medscape’s Ob/Gyn Malpractice Report 2021 reported that the total number of obstetrician-gynecologists who reported being named as a defendant in a medical malpractice lawsuit has fallen steadily since 2017 (from 85% in 2017 to 83% in 2019 to 79% in 2021), although almost 80% reported having b[...]

Is $250,000 Fair Or Just Compensation For A Child’s Brachial Plexus Birth Injury Due To Medical Negligence?

February 22, 2022

California law limits noneconomic damages in medical malpractice cases to $250,000. That amount has not been increased since California’s Medical Injury Compensation Reform Act {“MICRA”) was signed into law in 1975. Specifically, Civil Code Section 3333.2 limits recovery for noneconomi[...]

Illinois Birth Injury Medical Malpractice Jury Awards Nearly $15M For Mother’s Catastrophic Injuries Shortly After Giving Birth

December 26, 2021

On April 22, 2014, “L.B.” gave birth to twins at Presence United Samaritans Medical Center by Cesarean section delivery. After performing the deliveries, the on-call obstetrician (“OB”) attempted to remove the placenta. However, the OB reportedly failed to diagnose placenta a[...]

Colorado Supreme Court Allows Direct Negligence Claim Against Employer In Medical Malpractice Case

November 15, 2021

In its opinion dated September 27, 2021, the Colorado Supreme Court held: “We now hold that a plaintiff’s direct negligence claims against an employer are not barred where the plaintiff does not assert vicarious liability for an employee’s negligence … the trial court specifically fo[...]

Arizona Appellate Court Holds Medical Malpractice Apology Law Is Constitutional

September 14, 2021

Arizona Apology Law A.R.S. § 12-2605, which was adopted in 2005, states as follows: “Any statement, affirmation, gesture or conduct expressing apology, responsibility, liability, sympathy, commiseration, condolence, compassion or a general sense of benevolence that was made by a health care p[...]

$34.77M Baltimore Medical Malpractice Verdict For Newborn’s Catastrophic Injuries

August 18, 2021

On August 16, 2021, after a two-and-a-half week trial and two days of jury deliberations, a Baltimore City medical malpractice jury found against defendant MedStar Harbor Hospital for the irreversible hypoxic brain injury suffered by a newborn just hours after his birth. The Baltimore medical malpra[...]

Illinois Appellate Court Rules Order For Genetic Testing Of Parents Was Premature In Birth Injury Lawsuit

May 28, 2021

The Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) held in its opinion filed on May 4, 2021 “without any findings or analysis for this court to review concerning the parental testing, we find it would be premature to consider the correctness of the decisio[...]

California Appellate Court Holds Jury Instruction Regarding Statute Of Limitations Was Proper In Medical Malpractice Case

January 28, 2021

The January 7, 2021 unpublished opinion of the Court of Appeal of the State of California Second Appellate District Division Eight held in a California medical malpractice case where the jury determined that the plaintiffs’ lawsuit was filed after the one-year statute of limitations had expire[...]

Georgia Supreme Court Affirms $46M Medical Malpractice Verdict For Mother’s Catastrophic Brain Injury Suffered Within Days After Giving Birth

October 29, 2020

The Supreme Court of Georgia (“Georgia Supreme Court”), in its decision filed on September 28, 2020, upheld an almost $46 million Georgia medical malpractice verdict rendered after a two-week trial in 2017 involving the August 2009 birth of the plaintiffs’ daughter, after which the[...]

Illinois Appellate Court Overturns $50.3M Birth Injury Medical Malpractice Verdict

September 29, 2020

In its opinion filed on August 21, 2020, an Illinois Appellate Court overturned a $50.3 million birth injury medical malpractice verdict, stating: “The jury heard extensive expert testimony on both sides that led to conflicting opinions as to the cause of Julien’s brain injury. Defendants’[...]

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