Cerebral Palsy Victim Awarded $37.5 million
Posted by
Lance RubinFebruary 12, 2008 2:20 PMFive year old Spencer Oram has cerebral palsy today because the obstetrician who delivered him failed to heed warning signs and perform a Caesarean section. Instead, the obstetrician waited. By the time the baby was born, he had been deprived of oxygen for too long and developed cerebral palsy, a life-long, debilitating condition. His twin sister, born half an hour earlier, is fine.
Spencer's parents sued the obstetrician for medical negligence.
A Superior Court jury in Stamford has ordered a city obstetrician to pay $38.5 million to the family of a boy born with cerebral palsy in 2003. The verdict is believed to be among the largest medical malpractice awards in the state, surpassing a $36.5 million award in 2005 against Hartford Hospital and an obstetrician.
In Connecticut, someone injured by medical negligence can recieve full and fair compensation for injuries caused by the negligence of a doctor, hospital or other medical profesional. In California, however, all you can receive for your pain and suffering at the hands of a medical professional's foul-up is $250,000. This protection of doctors and hospitals was passed back in 1976, via a law known as "MICRA." And because the doctors' lobby is so strong, that amount has never gone up! Can you imagine anything being the same price today as it was thirty years ago??
If you or a loved one is the victim of medical malpractice, you need an experienced lawyer to handle your claim. There may be some ways to get around this "cap" of $250,000 for pain and suffering. Kiesel Boucher Larson LLP can help.