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Settled medical malpractice case involves birth injuries

A medical malpractice suit was recently settled outside of West Virginia for $4.25 million. In this case involving birth injuries, a woman ended up losing her twins in the year 2011. The woman claimed that doctors did not properly monitor her for preeclampsia, which caused her to experience a seizure. As a result, her placenta became detached from her womb, and her babies were stillborn. If physicians in West Virginia and other states do not exercise a reasonable degree of care when working with expectant mothers and their babies, they may be held liable for the injuries or deaths that result.

Since the case did not go to trial, the details of it typically would not have been provided to the public. The judge involved in this case, however, refused to seal this settlement deal as requested by the defense, stating that the public had a right to know the details of the case. Defense attorneys had initially requested that the details not be disclosed because they feared this would discourage doctors and hospitals from trying to settle medical malpractice cases going forward.

The woman's attorney brokered the settlement. He and his law firm were awarded a total of 40 percent of this settlement -- or $1.7 million -- along with more than $120,000 in costs. Meanwhile, the woman will receive the remainder of it and agreed to give the twins' father 35 percent of it.

When birth injuries occur because doctors fail to properly monitor and treat expecting mothers in West Virginia, the patients have the right to file lawsuits for compensatory damages. They can even pursue punitive damages in cases of egregious fault. Financial restitution from a case that is successfully fought may help to cover medical expenses and other costs linked to the medical malpractice incident.

Source:, "Huge $4.25 million medical malpractice settlement as Pa. mom loses twins", John Luciew, Aug. 26, 2016

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