According to recent legal news, a California birth injury verdict has been overturned, however, only on the issue of damages, and the amount of benefits the infant could expect to receive under Medicaid and the Affordable Care Act. The underlying jury determination - that the doctor's actions were negligent and the cause of the infant's injuries was not challenged. In this instance, the mother was carrying twins and at 37 weeks, only one heartbeat could be detected. The doctor performed a Cesaren section, and upon delivery one of the twins had died and the other, the plaintiff in this case, had suffered an hypoxic brain injury. As a result of the brain injury, the child has a low IQ, communication challenges, behavioral issues and cerebral palsy. However despite the severe developmental delays, he is functional socially, but will require personalized care for the rest of his life. A California jury determined that the doctor's failure to deliver the twins earlier breached the standard of care and caused the brain injuries. On appeal, the court determined that the jury should have heard evidence concerning possible benefits of the ACA and Medicare. As a result, the award was overturned (but not the finding of negligence) for a retrial on damages.
Whenever a birth injury occurs, it is important to seek the advice of an experienced medical malpractice attorney. Several components are part of a successful lawsuit, including the demonstration that the doctor, nurse or hospital failed to act within the appropriate standard of care and that this failure caused harm.
For more information or if you believe that you or a loved one has suffered harm due to medical malpractice please contact the experienced California birth injury lawyers at Botwick & Peterson, LLP for an immediate consultation.