$5 million awarded in childbirth medical malpractice suit

Nearly all Florida parents-to-be hope to have a healthy baby. When things go wrong, is it always the doctor’s fault? A couple was recently awarded more than $5 million after they alleged that the medical staff was negligent in treating their premature son, who ultimately had to have his intestines removed.

The boy, now 9 years old, was born prematurely at Tufts Medical Center in Massachusetts in 2004. According to the lawsuit, the boy exhibited symptoms of a potentially fatal disease, but the doctors and nurse practitioner were negligent in their care. The boy’s parents claim that the boy’s intestines had to be removed because of the negligence and that he must now be fed by a tube due to his inability to digest food. He must be cared for night and day by his parents, who are afraid that something may go wrong and cause the boy to die.

The medical staff at the hospital feels terrible about the boy’s situation, but pointed out this his situation is not unique. Of the babies who were born with the same medical condition in 2004, half of them developed complications and about 15 percent died. The hospital also maintains that the staff monitored the boy’s condition closely and did the best they could with the medicine they had available.

The couple’s lawyer said they were awarded $30 million, but due to a high/low agreement reached by both sides, the maximum award was $5.3 million. The couple will receive at least that much money and have the legal right to pursue further compensation.

A medical malpractice lawsuit is an option available to those who feel they did not receive medical care that met the standards of care. This negligence can cause the patient to suffer a host of issues, including personal injuries, emotional damage and even death.

SourceBoston.com, “Lowell family to receive at least $5m in malpractice suit against Tufts Medical Center” Travis Andersen, Nov. 21, 2013