A family is continuing a fight they began over a decade ago to receive the full compensation they were awarded in a malpractice suit, according to local sources. The couple successfully filed a medical malpractice suit in the case of their daughter's birth injuries, which they say left her a quadriplegic without the capacity for speech. Though they won their suit, Delaware residents may be interested to know that the couple's home state institutes a cap on malpractice compensation, meaning the couple will receive only a fraction of what they were promised.
The couple's suit was successfully completed in 2013, and they were awarded $15 million by the court. The family says this money would be invaluable in maintaining lifetime care and treatment for their daughter. However, their state's malpractice cap allows only $1.25 million to be awarded to the family.
The case is being considered by a county judge as of this writing, and legal briefs from both sides were due in early January 2016. The family is hoping to be awarded the rest of their compensation as they are currently some $500,000 in debt to Medicaid as a result of their daughter's ongoing care. She was diagnosed with cerebral palsy shortly after her birth, a condition the family says is the result of the girl's 33-week premature birth brought on by professional failure on the part of attending doctors.
Medical malpractice law can be extremely complicated depending upon the state of residence of the claimant. Delaware parents who have had to deal with the tragedy of birth injuries are entitled to file malpractice suits against the medical institution if they feel medical professionals have contributed to said injuries. However, it can be extremely helpful to seek out professional support in navigating this complex field of law.
Source: claimsjournal.com, "Indiana Family Continues Fight Against Indiana Medical Malpractice Cap", Jan. 5, 2016