Portsmouth Medical Malpractice Lawyer Report – Girl’s Birth Injury Expenses Exceeded Virginia’s Recovery Cap
There are few sadder cases than those in which a baby is injured at birth through the negligence of a surgeon.
In a recent case in Roanoke, VA, a jury returned verdicts of $9 million against two obstetricians, Virginia Lawyers Weekly reported.
The child is now 10 and functions at a pre-kindergarten level, according to Jeffrey H. Krasnow, the Virginia injury lawyer who tried the case for the mother of the child along with Patrick A. Malone from Washington.
The Roanoke case was a complicated one. The plaintiffs accused one doctor of going ahead with a risky amniocentesis test that led to bleeding in the mother’s womb. The other doctor was alleged to have improperly referred to mother’s case to her family physician for a vaginal birth at a time when a Caesarian section was needed.
As a Portsmouth, VA medical malpractice attorney I was saddened to read the cost of the girl’s medical care – amounting to more than $1.8 million – has already exceeded Virginia’s cap for a child’s recovery.
Virginia’s medical malpractice cap stands to cut the combined recovery of the girl and her mother to $3.2 million. The individual patient cap was just $1.6 million when the child was delivered in 2001.
This case once again illustrates the unfairness of the medical malpractice cap. This girl’s medical expenses have already exceeded the cap and she is only 10 years old. Her future medical expenses will leave her parents out of pocket.