Author Archives: Site Administrator
Woman Dies During Childbirth After Suffering Excessive Bleeding
A family was struck by an unexpected tragedy last month when a 37-year-old woman died during childbirth after she arrived at a hospital while going into labor. According to a local news report, the woman had been experiencing heavy bleeding shortly before her death, which was likely the cause. The child survived the labor… Read More »
Victim of Birth Injury at U.S. Military Hospital Brings Challenge to United States Supreme Court
Under a doctrine of law known commonly as the “Feres Doctrine,” active U.S. Military members may not sue a military medical provider for incidents that occurred in the course of military service. This legal doctrine has been used for over 50 years to allow the government and the medical providers that they employ to… Read More »
Recent Academic Study Finds Doctors Regularly Underestimate Birth Weight, Increasing the Risk of Certain Birth Injuries
Maryland medical providers have a legal responsibility to treat a patient with care that meets or exceeds the professional standard of care in the relevant medical field, and a failure to meet that standard of care may put a provider at risk of malpractice liability. A recent academic study released by the Journal of… Read More »
Jury Awards $3 Million Verdict in Medical Malpractice Lawsuit
A jury in Georgia decided late last month to award $3 million to the surviving spouse of a woman who died two days after having what was supposed to be a routine surgery in 2009. According to a local news article discussing the verdict, the husband was awarded the verdict from one of the… Read More »
Improperly Performed Cesarean Sections Can Lead to the Birth Injury or Death of a Mother or Child
The decision to perform a cesarean section, which is a procedure that can be used to deliver a child surgically when a natural vaginal birth is either unsafe or not occurring as planned, as well as for other reasons, can be extremely influential on the health and life of both the mother and the… Read More »
A Doctor’s Refusal to Treat a Patient May Lead to Malpractice Liability
An issue currently arising in courts across the country demonstrates a problem with medical care that is provided in Catholic and other religious hospitals, especially hospitals that are located away from urban centers. When a hospital, doctor, or other health care provider refuses to treat a patient because of a religious objection to either… Read More »
State Supreme Court Rejects Hospital’s Attempt to Avoid Liability for Patient’s Injury
The Supreme Court of Texas recently released an opinion that will send a plaintiff’s claim against a hospital back to the trial court to proceed towards a jury trial, reversing a lower appellate court’s ruling dismissing the claim. The Texas Court of Appeals had previously agreed with the hospital, held that the plaintiff did… Read More »
Wrongful Death by Medical Malpractice Case Dismissed Against Defendants After Plaintiffs Accused of Perjury
The Supreme Court of Mississippi recently released a decision dismissing a medical malpractice case in Ferguson v. University of Mississippi Medical Center because the plaintiffs committed discovery violations by giving false testimony in several depositions. Although the false testimony didn’t involve the defendants’ alleged negligence in causing the death of the plaintiffs’ family member,… Read More »
Mother and Child Each Awarded Damages in Birth Injury Case
Birth injury lawsuits are filed primarily to hold medical providers financially responsible for the injuries and long-term limitations suffered by a child who is born disabled. A birth injury claim can also be filed if the alleged medical negligence during childbirth results in the death of the child. In either case, there is almost… Read More »
Wrongful Birth Laws as Applied to Failed Contraceptives and Birth Injuries
A recent lawsuit filed against the manufacturer of an implanted semi-permanent contraception device demonstrates how medical providers and pharmaceutical companies may be held accountable for medical malpractice when contraceptives fail. Under state and federal laws, it is possible to sue medical providers and drug companies for wrongful birth if contraceptives that were intended to… Read More »