A Nebraska medical malpractice jury returned its verdict in the amount of $11.5 million in favor of a severely injured child who suffered brain damage during his delivery due to medical negligence. The Omaha medical malpractice jury reached its verdict on October 24, 2016 after a trial that lasted more than two weeks and after deliberating for most of the day on October 23, 2016.
The parents of the child filed their Nebraska birth injury medical malpractice lawsuit on behalf of their child in 2012, for his November 2010 birth. The parents alleged that the defendant hospital grossly mismanaged the delivery of their son that was being managed by a midwife and a physician, and that the baby’s breathing problems were not appropriately addressed or treated and the baby suffered irreversible injuries during delivery as a result.
The birth injury lawsuit alleged that forceps were improperly used during the baby’s delivery that resulted in the permanent brain damage that has disabled the child. The plaintiffs’ Nebraska medical malpractice lawyer stated after the jury’s verdict was rendered that evidence introduced during the trial indicated that the forceps were not properly used and that the electronic medical records for the child were tampered with.
The plaintiffs’ medical malpractice lawyer said after the verdict, “The money will ensure the child is taken care of for the rest of his life. He is expected to have a normal lifespan.”
The defense attorney stated after the verdict was rendered, “We strongly maintain that the objective medical evidence supported that [the baby] suffered a stroke unrelated to his labor or delivery.”
Unfortunately for the child and his parents, Nebraska’s cap on damages in medical malpractice cases will likely limit the recovery to $1.75 million, which was the amount of the cap that was in effect in 2010.
Nebraska’s Cap On Damages In Medical Malpractice Cases — Nebraska Revised Statute 44-2825
Nebraska Revised Statute 44-2825 states: “Action for injury or death; maximum amount recoverable; settlement; manner.
(1) The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed (a) five hundred thousand dollars for any occurrence on or before December 31, 1984, (b) one million dollars for any occurrence after December 31, 1984, and on or before December 31, 1992, (c) one million two hundred fifty thousand dollars for any occurrence after December 31, 1992, and on or before December 31, 2003, (d) one million seven hundred fifty thousand dollars for any occurrence after December 31, 2003, and on or before December 31, 2014, and (e) two million two hundred fifty thousand dollars for any occurrence after December 31, 2014.
(2) A health care provider qualified under the act shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of five hundred thousand dollars for all claims or causes of action arising from any occurrence during the period that the act is effective with reference to such patient.
(3) Subject to the overall limits from all sources as provided in subsection (1) of this section, any amount due from a judgment or settlement which is in excess of the total liability of all liable health care providers shall be paid from the Excess Liability Fund pursuant to sections 44-2831 to 44-2833.”
If you or your baby suffered a birth injury during labor and delivery in Nebraska or in another U.S. state, you should promptly find a birth injury lawyer in Nebraska or in your state who may investigate your birth injury claim for you and represent you and your child in a birth injury case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find birth injury lawyers in your state who may assist you.
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