A newborn’s skull was crushed by the alleged negligent use of forceps during delivery but the child’s mother will not be able to collect the Texas medical malpractice jury’s $10 million award for her noneconomic damages because of Texas’ $250,000 cap on noneconomic damages in Texas medical malpractice cases.
The Texas medical malpractice jury had awarded the child’s mother $3 million for her past loss of companionship, $4 million for her past mental anguish, and $3 million for her future loss of companionship (the Texas medical malpractice jury did not award the mother damages for her alleged future mental anguish).
The Texas medical malpractice jury also awarded the mother damages for her own physical injuries against the defendant OB, including $100,000 for her past physical pain.
The Alleged Underlying Facts
The child’s pregnant mother was admitted to the defendant hospital on December 26, 2013 for delivery of her baby. During the baby’s delivery on December 28, 2013, the defendant OB allegedly repeatedly applied forceps during four attempts to deliver the baby vaginally but was unsuccessful. The Texas birth injury lawsuit alleged that the defendant OB negligently failed to consent to a Cesarean delivery before the fourth failed attempt at a forceps delivery and that the defendant OB negligently administered Pitocin during labor despite the fetus’ abnormal heart rate.
Shortly after the baby was delivered, it was determined that the newborn had suffered intracranial ischemic injuries that were allegedly caused by the forceful use of forceps. The newborn was transferred to another hospital for care where imaging studies found that the newborn had suffered a partial skull fracture. After being removed from life support, the baby died on January 1, 2014. The Texas medical malpractice jury awarded $575 for the funeral and burial expenses for the baby.
The Texas birth injury trial began on August 1, 2016 and concluded on August 16, 2016. The Texas medical malpractice jury assigned 95% of the responsibility for its verdict to the defendant OB and 5% of the liability to the defendant hospital.
Is it fair or just that the Texas medical malpractice jury’s determination of the amount and type of damages necessary to compensate the grieving mother for the loss of her baby after a two-week trial should be violated and reduced from the $10 million to $750,000 that the Texas cap on noneconomic damages requires?
Is it fair or just that the most seriously injured victims of medical malpractice are the most harmed by caps on noneconomic damages in medical malpractice cases in Texas and in other states?
If you or a loved one suffered serious injury during labor and delivery, or by the failure to timely perform a Cesarean delivery, in Texas or in another U.S. state, you should promptly find a birth injury lawyer in Texas or a birth injury lawyer 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 attorneys in your state who may assist you.
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