There are a number of ways to commit medical malpractice. Overdosing a baby with too many nutrients is one of them.
Medical malpractice is a highly controversial subject in America. On one side of the fence there are those who feel the damages awarded in a med mal case should be capped at a certain figure. On the other side of that same fence are the proponents in justice for the victim of medical malpractice. This particular case is one of those kinds of cases where justice for the victim should be paramount, but given med mal damage award capping, the innocent child victim may not have what she needs to move forward with her life.
This case made headlines across the nation for its inconclusive financial outcome for the victim. Ultimately, the jury in the case awarded the family $19.2 million to care for their blind daughter with cerebral palsy. The now three and a half year old was born prematurely in 2007, and for some reason the hospital gave her a dose of nutrients that was 100 times what the amount should have been.
That mistake sent the baby into cardiac arrest and caused other serious side effects, including cerebral palsy and blindness. The devastated family chose to file a medical malpractice lawsuit against the hospital. Their daughter would never be the same again and will remain in a wheelchair and need diapers for the rest of her life. She will never be able to feed herself.
The hospital argued in court that the reason the baby went into convulsions was due to her being premature. The jury did not agree and awarded the family $19.2 million. However, since the family lives in a state where there are liability caps, the award may be limited to $200,000. It is a struggle to think that would be fair compensation in a case like this.
Not all states have med map caps so before you choose to file a medical malpractice lawsuit, it is a wise investment of time to consult with a skilled Atlanta personal injury lawyer. You will need to know your rights, whether or not there is a med mal cap in your state, what documents you will need to move forward and what damages you may or may not expect. Do not wait too long, as there is a statute of limitations on medical malpractice cases; another thing you need to discuss with your Atlanta personal injury lawyer.
Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.
