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A Stamford Connecticut jury has awarded $38.5 million to the family of a child born with Cerebral Palsy. The jury found that the obstetrician (a physician that specializes in caring for pregnant women through childbirth) was negligent in not performing a Caesarean section quickly enough to avoid injury. It is believed to be one of the largest medical malpractice awards in the state.

The case

A Connecticut woman was pregnant with fraternal twins – a boy and a girl. During the 2003 delivery, her umbilical cord was allegedly impeding the flow of blood to the boy’s brain and a Caesarean section was required. However, the mother claimed that her doctor didn’t act quickly enough and as a result, the boy was born with Cerebral Palsy – a group of disorders that affect a person's ability to move and maintain balance and posture. The girl was not injured in the delivery.

The family sued the doctor for medical malpractice and was awarded a record $38.5 million. Of that amount, $30 million was awarded for past and future costs of the child’s care, $7.5 million for the boy’s suffering and $1 million for his parent’s suffering. The doctor has reported that she will appeal the decision.

What is medical malpractice?

Medical malpractice is generally when someone in the medical profession fails to use the adequate levels of care, skill or diligence that causes injury to another. It is based upon similar circumstances by an average reputable member of the profession – or an objective standard of care (what another medical professional would have done in the same situation). In order for a medical malpractice claim to be actionable, the injury, loss or damage must be suffered by the person who retained the professional's services or those otherwise entitled to benefit from or rely upon the professional's services.

It’s important to realize that medical malpractice claims can be against doctors, nurses, physician’s assistants or others in the medical field. If you or a loved one has been injured due to medical malpractice, contact an attorney whose practice focuses in this area of law. For a free, no-obligation consultation with a qualified attorney, please click here.