Birth defects are usually serious situations that are costly and emotionally difficult for Boston area families to deal with. Many birth injuries are avoidable and the result of diagnosable and treatable conditions. Equally as serious are the medical mistakes that lead to the death of a child. Many stillborns could have been saved if medical professionals had listened to a mother’s complaints and given her the proper prenatal care.
An experienced OBGYN malpractice attorney can help vindicate a mother’s rights and hold negligent medical professionals accountable for the devastation they cause. Although the pain and suffering that a mother feels upon delivering a stillborn child is hard to describe or quantify, at least one lawyer is arguing for a $1 million award standard for mothers who lose their babies as a result of medical negligence.
A New York appeals court recently upheld a $1 million verdict awarded to a woman who had a stillborn child during a home delivery. The woman blamed her stillborn child on the negligence of doctors who ignored her complaints of abdominal pain. The woman’s attorney said that the stillbirth could have been avoided by early intervention and even the hospital offered to settle the lawsuit before deciding to embark on a lengthy appeals process.
The 24-year-old mother involved in the case said she held the dead body of her baby in the hospital and felt enraged, which is why she had turned down the $500,000 settlement initially offered by the hospital.
“I want to go to trial and finish this the right way,” she said, “because I don’t ever want this to happen to someone else.”
Source: New York Times, “After Stillbirth, Courts Try to Put a Price on a Mother’s Anguish,” William Glaberson, Aug. 23, 2011