This lawsuit was brought by a couple whose baby had been born with spina bidifa. There suit alleged that the doctors involved the pre-natal care did not tell the mother what the reason was for a blood test offered to her during her pregnancy. She had no idea the test was to determine the risk of her unborn baby having spina bifida.
When this case went to court, the judge indicated that there was plenty of evidence the father suffered from emotional distress and that both the parents were entitled to damages for this as well, said the judge. Further, the court said that if the mother had known about the results of the test prior to birth, her decision would not have been speculation. Medical malpractice seems to be present here.
A video of the baby at birth shown during the trial was quite telling and spoke for itself about the consequences of the mother not knowing about her child’s disease. In other words, there was no prejudice and the video dealt in facts alone. Based on what the jury saw, the court did not feel that the $5 million award was out of line for economic damages and that the $7 million for non-economic damages was fair, reported the source. Hospitals and doctors in Queens and Staten Island are aware of this case.
The true bottom line of this lawsuit is that the doctors did not give the couple all the information they needed to make an informed decision on whether or not to continue with the pregnancy or terminate it. This is medical malpractice.
Cases like this are difficult for the parents, as their hope and dream was to have a normal child. Since they were not told about all the options to ensure a safe and healthy pregnancy, that dream was shattered. Cases like this definitely need the assistance of a New York Medical Malpractice Lawyer to make sure justice is served.