California Medical Malpractice Law Blog

A Connecticut family as been award a record-breaking medical malpractice verdict - $58 million – on behalf of their eight-year-old son. Daniel D’Attilo has cerebral palsy because of brain damage resulting from a delayed delivery. As described by a family representative, “He is profoundly, profoundly disabled and the parents have gone through hell.”

Generally birth injuries - such as brain damage – occur when blood does not flow adequately during labor and delivery. Doctors and nurses need to take immediate action to increase a baby’s oxygen supply. The failure to act quickly, such as by performing an immediate cesarean section, may lead to life long injuries for the baby. The parties responsible for the harm may be guilty of medical malpractice.

Here, the lawsuit alleged that although the mother’s amniotic fluid dropped by half, her physician waited days to perform a Cesarean section. Further, when the C-section was performed, it was done incorrectly. As a result of the birth errors, Daniel is unable to speak, eat or walk, and suffers from seizures.

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A Connecticut jury awarded a 44-year-old woman $10.5 million after she was left with permanent debilitating injuries as the result of improperly administered anesthesia during surgery.

Although anesthesia is a valuable tool during surgery and to control severe patient pain, when anesthesiologists fail to properly administer the drugs, a patient can suffer devastating physical damage. The failure to administer anesthesia properly may be considered medical malpractice and the health care provider held responsible for his or her negligence.

According to the Connecticut anesthesia injury lawsuit, the woman spent 26 days in a coma after surgery and suffered nerve damage, memory loss, as well as several other psychological and neurological side effects.

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The California Institute for Regenerative Medicine has just announced an award of $25-million to Geron Corporation for a clinical trial on spinal cord injuries derived from human embryonic stem cells. The Menlo Park biopharmaceutical company will conduct a human clinical trial to determine both the treatment’s safety and how well patients respond to different doses. The research is focused on producing cures relatively quickly.

Spinal cord injuries (SCIs) are often caused by auto accidents, sports accidents, construction accidents, falls and other traumatic injuries. Patients who suffer spinal cord injury may suffer significant physical and financial losses requiring a lifetime of care. If the accident is the result of the actions of a negligent individual or entity, that person or entity may be held liable and required to compensate the injured party.

Patients and their families, as well as personal injury lawyers and consumer advocates are hopeful that the study is successful. As one supporter noted “It [the study] could provide cures. That’s what everyone wants…I’m watching it with interest.”

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Reuters reports that a new study has been released showing an increased risk of complications and deaths from medical errors following emergency surgeries at teaching hospitals than at non-teaching hospitals. In fact, the study concluded that the chance of dying after an emergency surgery was 20% higher at teaching hospitals. Dr. Rachel Kelz, the senior author of the study, did not provide any specific reason for the finding, although some speculate that the type of patients selecting a teaching hospital may be more sick or have more complex cases than those go to non-teaching hospitals.

An earlier study released in March indicated that for those patients requiring complex surgeries, the risk of dying is lower at a teaching hospital.

For all patients however, the most important factor is safety and providing the best chance of a positive outcome. Medical providers are supposed to offer care and support during critical moments. When health care professional fall below the standard of care – causing harm and potential death – they may be guilty of medical malpractice.

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