Zevan and Davidson Law Firm Articles The Supreme Court Will Set Precedent For Medical Malpractice By Hearing Birth Injury Case

The Supreme Court Will Set Precedent For Medical Malpractice By Hearing Birth Injury Case

By Kevin J.. Davidson  Nov. 20, 2012 8:35a

A case involving birth injuries sustained by one child during a cesarean section has made it to the U.S. Supreme Court.

As a result of these injuries sustained during the birth in 2000, the girl needs significant and costly medical care – skilled nursing 12-18 hours per day. The family has sued the obstetrician who performed the cesarean section, who has had a history of drug abuse, and the state has been paying for care. After reaching a settlement with the family, however, the state has placed a lien on one-third of the settlement amount because of the $1.9 million it has already spent on the girl's medical treatment. The parents reached a settlement with the state for $2.8 million, but disagree with the state's wishes to reclaim a portion of the medical expenses it has already covered. The family is challenging this because they believe the state should not be reimbursed for the funds it has already spent, since not all of the settlement awards are meant for medical expenses, a portion of the funds was meant to compensate for the pain and suffering of the patient and the state should not have access to it.

The lawyer for the Armstrong family argues that in this North Carolina case, state law, which allows for states to recoup medical expense, conflicts with federal law that does not allow for state governments to impose liens on property outside of medical expenses.

Birth injury lawyers can help families reach settlements that will help with both the medical expenses and account for the pain and suffering on the part of family and patients. Because birth injuries often affect the quality of life of the patient and have long-lasting effects, it is important to reach a settlement that is appropriate for the case. Birth injury lawyers are familiar with the state and federal laws and can advise families as to what the best course of action should be. Patients who need extensive medical care must have their medical expenses met in the long-term and be adequately compensated for the pain and suffering that also result from the injuries and making sure that patients and families receive enough compensation is what birth injury lawyers are trained to do.

The Zevan and Davidson Law Firm have a well-earned reputation for taking on and winning complicated birth injury medical malpractice cases in St. Louis, Missouri and Illinois. If you or someone you love has been the victim of medical negligence in Missouri or Illinois, contact one of the most awarded St. Louis Birth Injury Attorneys at Zevan and Davidson. Contact us at (314) 588-7200 for a free and private consultation.

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