A recent medical malpractice suit claims that one set of parents were not given the chance to abort their baby that was born with cerebral palsy. The lawsuit contends that doctor error prevented them from having the information that they needed in order to make a decision about the life of their child. This case was not heard in Ohio, but the Supreme Court of the state in which the couple resides upheld the parents' choice to sue.
After undergoing an operation in another state to remove a breast, a woman was told an error had been committed. She had been diagnosed with an aggressive form of breast cancer and opted to have the affected tissue removed. After the operation, she was told that the diagnosis was wrong; she did not even have the dreaded disease. The woman has since filed a medical malpractice claim. A false medical diagnosis is an all-too-common occurrence in Ohio as well.
The former governor of one state set limits back in 2003 as to how much a citizen of that state could sue for against medical facilities, doctors and other medical staff. The caps that were set in medical malpractice cases for non-economic damages were $500,000 for most cases and as much as $1 million in cases where the victim suffered a catastrophic injury, but those caps have been ruled unconstitutional by the state's supreme court. Although this case was not in Ohio, recent bills have been introduced that could limit the amounts that victims could receive in medical malpractice suits across the U.S.
Cerebral palsy is a name that doctors use to describe various disorders caused by some sort of damage to the extrapyramidal system of the brain. In many cases, this type of injury stems from medical mistakes that occurred during birth. There are usually two different reasons for the brain to be damaged during the birthing process: lack of oxygen, or improper use of suction and/or forceps. In Ohio, as in other states, parents may have grounds to pursue a medical malpractice lawsuit if their child's cerebral palsy was caused by a medical mistake during birth.