Health Law

Former Hospital Owes $43.5M in Medical Malpractice Case

A girl who was born with cerebral palsy as the result of medical malpractice was recently awarded $43.5 million by the former hospital where she was born. The settlement is believed to be the largest personal injury lawsuit in the history of the Capital Region. Bellevue Maternity Hospital in Niskayuna, New York was sued by the woman for reportedly causing her to have severe brain damage and suffer from the disability cerebral palsy. The girl, who was born in 1984, carried the suit through after her mother, J. Tracey Busome, initially filed the cerebral palsy lawsuit after giving birth. 
 
Medical Malpractice Lawsuit Details
 
According to reports Tiffany Busone, now 24, claimed in the lawsuit that as a result of medical malpractice she suffers from cerebral palsy. At birth she did not get enough oxygen and doctors failed to  resuscitate her. Documents claim she was deprived of oxygen for up to 15 minutes. Although Busone is living with above-average intelligence and even was able to obtain her college degree from Arizona State University, she has been confined to a wheelchair and doesn't have proper motor skills due to her brain damage.
 
As compensation for her life-altering disability the reward will be broken down to benefit all aspects of her life. Twenty million dollars will reportedly pay for home health aides, while another $15 million will go towards the pain and suffering she has endured as the result of her disability. Another $6 million will contribute to past pain and suffering and the remaining balance will go toward medical expenses and loss of earnings.

Even with her intelligence and college degree Busone faces a disadvantage for the rest of her life since she will always require a wheelchair, the help of home health aides and full medical equipment. Due to all of this, she will never be able to work or support herself financially.

Full post as published by Cerebral Palsy Law Blog on October 10, 2009 (boomark / email).