New Jersey readers may take interest in the account of a $7.5 million settlement that was awarded to a Los Angeles County toddler who sustained a brain injury at birth. The medical malpractice lawsuit alleged that the baby's brain was deprived of oxygen during delivery because his mother suffered a ruptured uterus.
The attorney on behalf of the toddler argued that the brain injury could have been prevented because the mother had previously gone to the medical center and complained of severe pain in her abdomen. The medical resident who saw the woman allegedly did not think that her pain was significant and discharged her. The woman underwent an emergency C-section when she returned to the hospital 12 hours later. The lawsuit also alleges that, during the 14 hours that the woman was at the hospital's labor and delivery unit, none of the three attending obstetricians saw her.
If the hospital and insurance company agree that medical malpractice did occur, it may be possible to settle for a fair amount outside of court. If the hospital or insurance company contest the claim, then it may be necessary to take the case before a jury in civil court.
The process of pursuing a medical malpractice claim may be complex and difficult. To prove fault in a case could require the assistance of medical experts who can interpret and explain the medical facts. A medical malpractice attorney may have the experience and resources to find the right experts to assist with research and investigation. In court, medical consultants could explain complicated medical evidence to the jury. If the attorney presents a compelling case, the jury might find the case in favor of the plaintiff