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Delaware’s Injury And Medical Malpractice Leaders

November 2015 Archives

$14.3 million against insurer who lied on brain injuries claim

Delaware and all other states recognize a claim against an insurer for bad faith in handling an insurance claim. A jury in another state recently entered a verdict of $14.3 million against an insurance company and in favor of the parents of a deceased 3-year-old daughter. The parents had brought a medical malpractice suit against the negligent obstetricians, claiming that they caused the brain injuries that ultimately killed the girl. Although the original suit was against the doctors and the hospital, a later procedural twist made the parents in effect the plaintiffs against the doctors' insurance company on a claim of bad faith.

$9.6 million awarded for brain injuries in childbirth case

There are many pitfalls that doctors must anticipate and guard against in the childbirth process. When a recognized safety measure is neglected by the physician, this may constitute medical negligence. When the negligence is a substantial cause of serious injury or death to the baby and/or the mother, a claim for medical malpractice will be recognized under the law of Delaware and other states. In a case originating in another state, a federal judge in U.S. District Court recently awarded $9.6 million to a baby who suffered brain injuries due to a delayed C-section delivery.

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