discipline these medical professionals. Even after large medical malpractice verdicts have been returned, doctors often retain their same positions and can be guilty of additional medical mistakes.
While waiting for the outcome of medical malpractice cases, patients and family members may be facing medical bills in excess of $100,000. Because these individuals simply do not have the funds to pay such bills, they may apply for Medicare or Medicaid relief to help pay the bills. Such a scenario is now the subject of a United States Supreme Court case.
In one hospital alone, it has been alleged that negligent medical care caused the death of three separate infants during a 60 day period. In one lawsuit, the physician and medical providers are accused of not recognizing the symptoms of early labor. In another, cesarean delivery was delayed. And a failure to recognize fetal distress led to the brain injury of a newborn child that died four days later.
Medical caps seem to be part of the discussion anytime a medical malpractice case is filed. Though the claimed intent of these caps is to compensate only legitimate medical malpractice claims, what it has instead often led to is confusion as to how much such legitimate claims should be awarded.
A young girl's delivery by cesarean section ended disastrously. The birth injuries she suffered have resulted in the girl being blind and deaf, and unable to walk or crawl. Because the girl now suffers from mental retardation and seizure disorders, she requires 12 to 18 hours of nursing care on a daily basis.
In fetal distress or birth asphyxia cases resulting in cerebral palsy, the argument in the case is always over whether the doctor moved quickly enough to perform a emergency C-section once there were signs that the baby was experiencing problems during the labor process.
A teenage girl suffering from cerebral palsy just received a jury verdict in excess of $100 million. It is alleged that her medical condition came about due to birth injuries suffered when her and her twin sister were born three months prematurely. It is further claimed that the two sisters were born early due to the hospital's failure to provide adequate care.
It's so extremely sad to learn of a child born with cerebral palsy that there's usually little to report to concerning such an incident that can be considered positive. Yet friends of families that have given birth to such a child will do everything in their power to be supportive.
In a state outside of Pennsylvania, that state's highest court has overthrown the state's cap on non-economic damage awards by juries. In a case that concerned a severely brain injured child that came about due to medical malpractice, the high court stated that the state cap limiting non-economic damages to $500,000 or five times what was determined to be compensatory damages violated a party's rights to a trial by jury.
We've mentioned some multi-million dollar verdicts in Pennsylvania and other states concerning birth injuries suffered by children while the mother was in labor and under the care of hospital staff. In some circumstances, such lawsuits will be settled before ever going to trial.