January 30, 2014
When patients are injured as the result of medical negligence, victims can file lawsuits seeking compensation against the parties responsible for causing them harm. However, the law may limit the amount victims can be awarded, even when the victims are unborn children.
The Roanoke Medical Malpractice Lawyers with Skolrood Law Firm explain these limits were upheld in a medical malpractice decision reached by the Virginia Supreme Court earlier this month. The court ruled that a young girl who had been injured in utero due to a medical procedure was, in fact, considered a patient of the doctor overseeing the procedure. Because of this decision, any awards given in a medical malpractice case filed on the child’s behalf would be subject to caps.
An article from The Roanoke Times stated the mother of the child had undergone medical testing to see if her child was deliverable. During those tests , the child was injured and was later born with cerebral palsy and kidney damage. The child’s family later filed suit against the doctor and was originally awarded $7 million in damages, but the Supreme Court ruled the damages would be limited to $1.6 million because it was subject to state caps on such awards.
The Roanoke Personal Injury Lawyers with Skolrood Law firm hope the decision brings closure to the family of the victim.