Medical Malpractice Birth Injury Lawsuit Against New York Hospital

A New York jury recently issued a verdict of $130 million in a medical malpractice case against St. Charles Hospital. The verdict was the second largest in state history.

The hospital had initially offered a settlement of $8 million to the Reilly family in an attempt to resolve the birth injury lawsuit before going to trial. But the offer was rejected and the jury ended up agreeing with the plaintiffs’ assertion that during the birth of their daughter both the hospital and obstetric nurse were negligent.

New York is not a state that has capped damage awards for pain and suffering. While twenty-nine states have caps in place for pain and suffering, New York is not one of them. There are, however, limitations on lawyers’ fees. When awards of more than $1.25 million are issued, lawyers’ fees are capped at 10 percent. When you are considering filing a medical malpractice lawsuit, it is important that you contact a medical malpractice attorney in your state, as statutes of limitation usually differ from other types of personal injury limitations. In many states the statutes of limitation are shorter than for other personal injury claims.

Even though the case was filed in a district known for being one of the most conservative in the state, the case still ended up being successful for the Reilly family.

In 2002 Shannon Reilly was born at St. Charles Hospital in Long Island. But the birth was not easy and Shannon was born with cerebral palsy and a severe brain injury that will affect her for her entire life. The family contended that the injuries that their child sustained were avoidable and that signs of distress were ignored by the nurse. They claim that if these signs been taken into consideration, if medical personnel had reacted to the distress that the baby was experiencing, and had acted appropriately, that the injuries could have been avoided. The jury agreed with these contentions.

The lawyers for the defense said that the award was excessive and used this case as an example for why further tort reform should be implemented in New York. Tort reform, which limits damage awards, has been implemented as a way to minimize the number of frivolous lawsuits that make it to the courtroom and as a way to control healthcare costs and keep the medical malpractice insurance premiums reasonable. But these goals have not been achieved. And in New York the shorter statute of limitation for medical malpractice of two and a half years has not decreased the number of lawsuits or doctors being sued. The number has actually increased. Injured patients realize they have a very limited amount of time to take legal action, so they file lawsuits that name every doctor who could possibly be involved in causing the injury, rather than taking the time to properly investigate and determine the real source of the problem.

Missouri Medical Malpractice

Lawsuits can actually cause doctors to be more careful and provide better care. One example of this is in the anesthesiology specialty.

Anesthesiologists were getting sued in the 70s and 80s with such frequency that they changed the way they were practicing. Approximately 1 in 6,000 anesthesiology administrations were fatal and many more resulted in serious brain injuries. All aspects of anesthesiology practice were evaluated and the areas that were found to be problematic were changed. The changes have been very positive for both anesthesiologist and their patients. As a result, mortality rates and insurance rates were dramatically reduced. Other specialties would do well to follow suit.

If you have been injured by medical malpractice in Missouri, contact an experienced Missouri medical malpractice attorney who can advise you regarding Missouri’s medical malpractice laws and help you get the compensation you deserve.

To speak with an experienced medical malpractice lawyer at the Zevan and Davidson Law Firm, call (314) 588-7200.