What are some important medical malpractice cases?

Nearly one quarter of all doctors in the U.S. will be sued by a patient each year. Medical professionals are required to carry liability insurance to combat the risks and costs of medical malpractice lawsuits. Malpractice can occur when a healthcare professional fails to deliver the normal standard of care that others in the same field would provide. They can also be held liable for misdiagnosing a patient or making a medical mistake.

Important Medical Malpractice Cases

A landmark decision is the result of a legal case that establishes a precedent that establishes new case law regarding a particular legal issue or changes how the law is interpreted. While juries may be sympathetic to victims that are seriously injured by medical malpractice, judges may try to overturn verdicts where the plaintiff is awarded a large amount of money. Fortunately, when this happens, cases are often heard by the Court of Appeals, which may uphold the original verdict of the jury.

• Sanchez v. Caremore Medical Group—In September 2010, the California Court of Appeals upheld the $9 million verdict the Los Angeles jury awarded to Maria Theresa Sanchez. The plaintiff suffered brain damage due to a delayed diagnosis of infection of the shunt that was installed in her brain. She was diagnosed in childhood with hydrocephalus, which required that a peritoneal shunt be installed to drain fluid from her brain. Because the doctor’s failed to properly diagnose her condition, Ms. Sanchez is not partially paralyzed and unable to walk.

• Antonelli v. Dr. Jacqueline Halladay—In 1996, Lisa Antonelli went to Saints Memorial Medical Center in Massachusetts complaining that she could not feel her baby move. She was 38 weeks pregnant at the time. Dr. Halladay, who had just completed her residency earlier in the year, was the doctor on call at the time. Dr. Halladay waited nearly seven hours before performing caesarean section. This delay resulted in the baby boy being deprived of oxygen who now has cerebral palsy and functions at the level of a 2 or 4-year old child. The Middlesex County jury awarded the plaintiffs nearly $40 million in damages.

Citing Case Law For Your Malpractice Claim

Judges often make decisions about what evidence will be allowed at trial by previous cases that may be similar to yours. Case law is created when a judge makes a ruling in a legal case establishing a new interpretation of the law. This then sets a precedent for all other cases in the future. Therefore, it is important to hire an experienced medical malpractice attorney who is familiar with case law that can bolster your case.