Unnecessary Medical Care: How an Unnecessary C-Section Led to a $34 Million Birth Injury Verdict

Medical malpractice can take many forms. One of the least commonly known forms of medical malpractice is “unnecessary medical care.” Unnecessary medical care occurs when healthcare providers administer tests, treatment, or procedures that are not medically necessary or appropriate for the patient, potentially resulting in harm. If a medical professional provides unnecessary medical care to a patient and causes them harm, they may be held liable for any resulting damages. The value of such a case would depend on the unique specifics of the case, but such cases can result in substantial compensation. In a recent Maryland court case, the family of a child who sustained severe brain damage following an unnecessary cesarean section (C-section) was awarded $34 million.

Unnecessary C-Section Results in $34 Million Verdict

In December 2018, the claimant, who was pregnant at that time, sought treatment for back pain and lower abdominal cramping at the University of Maryland St. Joseph Medical Center in Towson, Maryland. Despite the medical tests not finding any signs of placental abruption or labor and the claimant not having any contractions upon her admission to the labor and delivery floor, she was diagnosed with preterm labor and fetal distress. As a result, an emergency cesarean section was performed on the plaintiff, who was 23 weeks pregnant at the time.

Sadly, the premature delivery caused her son to suffer significant brain damage, which will demand that he receive continuous medical care. The family filed a legal claim on the grounds that the C-section was unnecessary and that the baby would have been healthy had he been allowed to progress naturally. St. Joseph Medical Center and the attending doctor argued that the procedure was necessary and that the baby would have died if not for the procedure.

After a two-week trial and hours of deliberation, the jury ruled against St. Joseph, awarding the affected family $34 million. The bulk of the awarded damages were for future medical expenses ($20 million). The family was awarded $3 million for lost earning potential and $915,000 for past medical expenses. Additionally, the court awarded $10 million for pain and suffering. However, due to Maryland’s cap on non-economic damages, the total award was likely reduced to approximately $25.2 million.

Unnecessary Medical Care

Unfortunately, the above is not an isolated case. Unnecessary medical procedures happen all the time in the United States. In obstetrics, unnecessary C-sections are not uncommon. Sometimes, these procedures are performed without any medical indication that they are necessary, harming both mothers and infants.

Apart from unnecessary surgery, unnecessary medical care comes in many other forms, including the following;

• Unneeded medications
• Excessive testing
• Excessive follow-up procedures

Steps To Take After Unnecessary Medical Care Causes Harm

If you or a loved one suffer harm due to unnecessary medical care, you have legal rights and options. However, medical malpractice cases can be complex. For this reason, you should consult a qualified attorney. An attorney can help ensure your rights are protected. They can help you investigate your case and gather the evidence needed to secure fair compensation.

Contact Our Experienced Baltimore Medical Malpractice Lawyer

If you or a loved one has suffered harm due to unnecessary medical care, contact our experienced Baltimore medical malpractice lawyer at Hardball Law, serving Towson, Baltimore, and throughout Maryland, to schedule a consultation and discuss your case.

Source:

mdlinx.com/article/emergency-c-section-leads-to-34-million-award-in-malpractice-suit/6IqmujkHeODfFWI50v00Id