The mother to a son born with cerebral palsy will eventually receive the full judgment of $10 million awarded to her by a Florida jury for medical malpractice, but she’ll have to wait for half of it. In 2003, while six months pregnant, the woman was to be transported after one hospital determined it didn’t have the right equipment to handle a premature baby and another said it lacked specialists for extremely premature births. Both of those hospitals, and doctors from each, were originally involved, but settled for a total of $1.4 million. Ultimately, however, the woman gave birth on the way to Arnold Palmer Hospital for Children in Orlando while in an ambulance. The child survived but suffered severe brain damage as a result of a lack of oxygen. In a medical negligence case, a jury found the Florida ambulance provider, EVAC, negligent for both the care they provided and for accepting the initial transport order. A copy of the article regarding the case can be found here.
After the $10 million judgment was handed down in the malpractice case, EVAC asked a judge to throw out the verdict or, alternatively, reduce the judgment amount. EVAC argued they could not refuse an order given by a doctor in the emergency room. A settlement was ultimately reached whereby EVAC will pay $5 million immediately (their insurance cap) and then sue its insurance company for bad faith and have it pay the rest.
Medical mistakes are not always the result of physician negligence. As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a number of cases involving medical errors attributable to other sources. To see some of the cases I have handled, click here.