Instances of medical malpractice can often be tragic. A physician is a trusted individual, but also a human being capable of making mistakes. Yet, a medical malpractice claim, often misunderstood, is not brought for small, everyday mistakes. Instead, such a claim involves the failure of a medical provider to meet the standard of care and in so doing, likely substantially harmed another individual. Medical malpractice claims do not only involve a physician but can also be brought against a hospital. A state neighboring Connecticut recently experienced a medical malpractice suit involving a substantial birth injury.
A New York jury recently awarded a family $130 million in a malpractice suit brought against a Hospital in the state. The parents of a daughter sued the hospital alleging that the delivery, facilitated in the hospital, resulted in cerebral palsy to the daughter. According to the verdict, the jury found the hospital departed from the standard of care in a number of ways. Such departure resulted in the child being deprived of oxygen for a substantial period of time.
Now the daughter cannot eat, breath or swallow without assistance. When a hospital or doctor departs from a standard of care, the lives of others are at stake. It is important to hold these individuals or entities responsible for this negligent behavior in order to deter future negligent behavior as well as to award the necessary monetary compensation to the harmed individuals.
Under the legal concept of respondeat superior, a hospital can be held liable for the negligent conduct of its employees if such employee was acting within the scope of employment when a negligent act occurs. Such a law is in place to encourage hospitals to institute proper training and disciplinary procedures upon its employees. Medical malpractice claims are invaluable in covering the expenses related to a negligent act. The New York family can now move on with their lives and care for their daughter in the way required.
Source: Connecticut Post, “Long Island family awarded $130 million malpractice claim,” April 18, 2013.
