The failure of a doctor to recognize the breakdown of red blood cells in a newborn directly led to the child developing cerebral palsy and his family receiving a $3.8 million settlement from the hospital.
In this issue, we’ll talk about what happened.
The Case at a Glance
Just three days after the child’s delivery, records indicated that he had elevated levels of bilirubin, a substance found in bile that’s produced when old red blood cells are broken down by the liver.
Weight loss experienced by the child was another sign that something was wrong.
Nonetheless, the child was discharged from the hospital only to be readmitted four days later and airlifted to a children’s hospital where he was diagnosed with hyperbilirubinemia – too much bilirubin in the blood – which can lead to permanent neurological damage.
In addition to the child experiencing tremendous physical pain, he also developed cerebral palsy.
Hospital Agrees to Settlement
Even though they did not admit guilt, a representative in their legal department said, “…in the interest of our organization, the community and the family involved, all parties mutually agreed to close the matter with a settlement with no liability associated to anyone.”
What Does Settling Mean?
A settlement is a formal ending to a legal dispute without the involvement of a jury’s verdict or judge’s ruling.
In most cases, the settlement comes in the form of a certain amount of money offered by the defendant in exchange for the plaintiff’s agreement to release the defendant from any liability.
Perhaps the most difficult aspect of the option to settle is the negotiation process. The reasons vary, but often times in medical malpractice cases, what the defendant feels is appropriate compensation is vastly different to what the plaintiff (you) thinks is appropriate.
Let The Fitzgerald Law Firm Fight For You
If you’ve experienced medical malpractice or feel that you have, get in touch with the skilled team at The Fitzgerald Law Firm. Collectively, we’ve secured well over $1 billion on behalf of our clients.