Mistakes during childbirth can present life-altering consequences. Birth injuries, sometimes as a product of medical malpractice, can impair individuals for the rest of their lives.
This has been seen with a 13-year-old girl from outside of Maryland state lines. The girl suffers from cerebral palsy, seizures and mental retardation. She was burdened with these conditions as a result of an emergency cesarean section that she received during delivery. As a result, the young girl depends on her parents for every day-to-day task.
The girl’s family rightfully sued the hospital where the cesarean section took place, in addition to the doctor that administered the delivery, and settled for $2.8 million.
Even though the girl is not from Maryland, her legal fight is at the center of a recent United States Supreme Court ruling, thus having an impact on her state. The case reached the Supreme Court when the girl’s parents complained that the payment plan laid out by the state was in direct violation of the Medicaid anti-lien provision.
The state’s statute says that a third of all tort recovery must be attributable to medical expenses. The state was trying to claim a third of the settlement because it involved Medicaid patients. However, the family argued that the federal anti-lien provision pre-empts the state policy.
Leading up to the Supreme Court ruling, lower courts sided with the state. However, the High Court ruled in favor of the girl and her family by a 6-3 vote. The Supreme Court stated that it found a defect in the state’s statute.
Fortunately, in this case, the girl and her family will receive the money they rightfully deserve. However, this shows that medical malpractice suits are often met with resistance. It is important to fight a smart legal battle in order to recover compensation that you deserve.
