Personal Injury Law

Defense Verdict in Medical Malpractice Lawsuit in Baltimore

A federal court jury in Baltimore found that an Elkton obstetrician was not liable in a medical malpractice lawsuit. The core of the case is bound to raise moral concerns with at least some jurors. Plaintiff claimed she would have terminated her pregnancy if she had been advised that her child had Down syndrome, claiming the child?s expected future medical care was projected to be as much as $16.4 million.

The plaintiff claimed that her triple screen blood test found that she had a 2.6% chance her daughter would be born with Down syndrome. The case was a classic case of he said/she said. The doctor claimed the patient was told three times of her test results and that she rejected the doctor?s suggestion that she get the more invasive amniocentesis test.

Most likely, the jury believed the doctor?s notes were accurate and made contemporaneously with his discussions with the patient regarding the results. Only the doctor, the Plaintiff, and God know exactly what information was conveyed. But I also wonder the extent to which this federal jury had a problem with the ?I would have had an abortion? claim from Plaintiff. Statistically speaking, someone on that jury strongly believed that abortions are immoral.

Full post as published by Maryland Injury Lawyer Blog on January 27, 2010 (boomark / email).