Stillbirths are perhaps the worst tragedy to befall expectant parents. Not only do they have to endure the pain associated with the death of a child, but a mother will have to endure the entire delivery process, only to hold the body of her lifeless baby in the end. Often, stillbirths occur naturally, through no fault of doctor or patient. However, other on other occasions, medical negligence is to blame. It is for these cases that medical malpractice lawyers believe parents are due compensation.
$1 Million Awarded for Pain and Suffering
In 2004, New York’s highest court ruled that women can sue for emotional suffering if their stillbirth is a result of medical malpractice. There have now been a couple cases moving through the legal system that are determining what is justified compensation.
Lucia Ferreira was awarded $1 million in a New York court in February for pain and suffering after she lost her baby during a home labor. During her last three visits to the Wyckoff Heights Medical Center, she complained of abdominal pain but was only given painkillers and sent home.
After the Ferreira case, lawyer Jeff Korek is fighting for more money for his client Vivian Acevedo. He is trying to reason that $1 million should be the standard for medical malpractice stillborn cases. The Acevedo case is against Lincoln Medical and Mental Health Center for a delayed emergency Caesarean that caused the child to be stillborn. Lincoln Medical offered $500,000 but she turned it down.
Medical Malpractice Lawyers in New Jersey and Philadelphia
If you or a family member has recently suffered a stillbirth or has been the victim of medical negligence, and you would like to speak to someone about your legal options please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Linda Johnson saw Dr. Ernest N. Pennington in January 2008 for impressions of her mouth that were being used as preparation for a bridge that she was having placed. According to the complaint that was filed by her 
Deborah Rutledge was experiencing numbness in her groin, legs, and feet when she went in search of medical help at the Andersen Air Force Base clinic in Guam. A doctor’s assistant and a nurse met with Rutledge but failed to conduct proper medical examinations for the numbness the woman experienced. To compound the problem, the medical professionals did not report the case to their supervisors and instead misdiagnosed what Rutledge was suffering from. Lawyers say that the symptoms persisted, even after an emergency operation. Rutledge continues to suffer today from nerve damage.
Melodee first began experiencing symptoms, such as pain, blood in her stool, and constipation in 2006. After multiple hospital visits, medical professionals diagnosed her with hemorrhoids. It was recommended that the hospital perform a colonoscopy, but the hospital failed to follow up on that procedure or provide any screenings for rectal cancer. Professionals say that the following year, in 2007, Adam Cloer was transferred to Fort Leonard Wood in Missouri, where his wife would learn that the cancer had spread to her lymph nodes because it was not treated in a timely manner. Melodee underwent chemotherapy, radiation, and numerous surgeries to remove her organs, all of which proved to be of no avail. The medical malpractice attorneys working the case stated, 
The doctors have been provided a sixty day window to edit and review their online profiles before they become accessible to the public. If doctors provide false information, and mislead potential healthcare consumers, lawyers believe that they will be subject to different forms of discipline. Other information that will be included in these profiles includes the medical schools they attended, specialty board certification, number of years in practice, location of practice, and whether or not the doctor participates in Medicaid. 
The county insurance fund will cover one million dollars of the total expected settlement amount. The remaining amount will be subject to reimbursement from the California State Association of Counties. The county clearly determined that a drawn out litigation process would be a sub-optimal resolution to this tragic case of medical malpractice. The county’s legal department stated “it had been determined that timely economic resolution together with release of any and all potential claims is in the best interests of the county.” Lawyers say that this means that the boy’s family will collect this sum of money but has also agreed to end the conflict here, without pursuing any other claims of liability against the county in the future. Although this money should be helpful in assuring the healthcare and safety of the boy in the future, it is unclear how much medical attention he will need for the duration of his life. Medical malpractice attorneys believe that determining damage amounts for infants is among the hardest figures to calculate because of the countless variables and the length of the baby’s expected life.
Any medical professional who has spent a significant amount of time in the field knows that medical malpractice does sometimes happen. Although not all medical negligence is serious and life-altering, some rare instances of malpractice are extremely severe and tragic. Lawyers urge that it is these victims who should be allowed to exhaust the judicial system in search of justice. Opponents will certainly argue that doctors will undoubtedly go out of business or flock to states with a more favorable system of tort damages. The victims in cases of medical malpractice are the patients, not the doctors. It is important that although this has become a popular issue recently, that we do not forget the tradition of this country. Many medical malpractice attorneys believe that a jury of the victim’s peers should be able to hear the case and determine a reasonable damage award after being presented with all of the evidence. Aren’t jurors, who hear each case individually, in a better place to determine a fair outcome, as opposed to representatives sitting in a state capital, who throw a limit on damages no matter how serious or traumatic? It seems that a jury is in a better position to determine the severity of a particular case. We should trust juries to come to a fair and equitable outcome, our forefathers certainly did.
Justice Paul Pfeifer wrote in his opinion, “Dr. Skoskiewicz and many other volunteer clinical faculty in Ohio provide an important service. But that service, however commendable, does not transform the volunteers behind it into an arm of the state.” Lawyers believe that this ruling ensures that the medical school is not legally liable for the doctor’s medical negligence. There was no contract of employment between the doctor and the school and medical malpractice attorneys say that this program simply allowed students to rotate through one-month clerk-ships. It is very important that young men and women entering the medical field get an opportunity to train with and study under doctors who have been in the operating room for a number of years. However, the doctor was still in control of the procedure and he was still the one who in the end was responsible for the medical malpractice injury to Mr. Engel. Doctors who commit malpractice should not be able to hide behind a medical school merely because students are sitting in on an operation.