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Counsel That You Can Trust & Depend On


Guy DiMartino Oct. 25, 2016

Michigan City Indiana medical malpractice lawyer discusses a recent verdict in Michigan.

The Detroit Free Press reported a recent medical malpractice verdict in Oakland County, Michigan of 130 million dollars to a 15 year old girl who was born a quadriplegic. A patient with quadriplegia doesn't have the ability to use her arms or legs because of a spinal cord injury.


The facts of the case showed that the baby was larger than expected because of gestational diabetes.Instead of delivering the baby by caesarian section, the doctor allowed a vaginal delivery.During the delivery the baby suffered brain damage and a broken clavicle. She needs 24 hour round the clock care.

The article stated that the damage award represents the costs of 24 hour attended care, medical care and lost wages through 2077.


There are a number of striking points that are worth pointing out for Northwest Indiana folks.First, regarding the law, in Indiana this verdict would have been reduced to the statutory damage cap of 1.25 million dollars under the Medical Malpractice Act. With the devastating injuries this child experienced, it is likely that the cost of providing medical care and treatment would have to be shifted society.

Second, regarding the medicine, a larger baby or macrosomia, is a well known risk of gestational diabetes.A fetus is macrosomic when she weighs of 4000 grams. It is also well known that macrosomic fetuses are more susceptible to problems with vaginal delivery because it is difficult to travel down the birth canal and pelvis. Shoulder dystocia (the fetus' shoulder getting stuck at the pubic bone of the pelvis) is common with macrosomic fetuses and can lead to devastating injuries if not handled appropriately including brain damage, brachial plexus injury, clavicle injury andErb'spalsy.

When people will read about this high jury verdict their first thought will be it was a runaway jury; however, it appears this child's injuries were severe and the amount of medical care and treatment as well as the child's future loss of earning capacity justifies this monetary award.

Medical malpractice during the birthing process can cause severe and devastating injuries.Indiana medical malpractice law is complex. If you have any questions about a Northwest Indiana medical malpractice case, call a Michigan City medical malpractice attorney at (219) 690-8997 or request a free copy of our informational book explaining the Indiana medical malpractice process.