Medical malpractice lawsuits in Providence can often be very complex. Any number of different factors may cause them to be thrown out, leaving those who were the victims of the alleged malpractice without the means to deal with its consequences. Yet the dismissal of a lawsuit doesn’t necessarily mean that the matter can’t be revisited. In certain circumstances, a plaintiff may be able to re-file a lawsuit later on should the circumstances surrounding the case change.
Such was the case involving a lawsuit filed by an Ohio woman seeking compensation for the birth injury sustained by her son that left him with lifelong disabilities. In her lawsuit, the woman alleged that while hospitalized during the 24th week of her pregnancy, she expressed to the attending clinicians that she wanted to have the baby delivered via caesarian section. The response she got back was that the baby was healthy and didn’t need to be delivered. Shortly thereafter, however, the baby began to show signs of distress and had to be delivered anyway. It was later revealed that the baby had suffered a massive brain hemorrhage due largely to the delayed delivery.
The woman had initially attempted to file her lawsuit back in 2004, yet it was thrown out due to changes within the legal firm that represented her. She re-filed the suit in 2011. Her perseverance paid off with the jury hearing the case awarding her a settlement of over $14 million.
One shouldn’t be dissuaded in his or her attempts to hold a negligent doctor responsible simply because a few legal road blocks may slow the progress of his or her lawsuit. Should one encounter such obstacles, he or she may want to work with an attorney to help allow them to proceed with his or her case.
Source: The Plain Dealer “Garfield Heights boy and mother awarded $14.5 million in malpractice case” Karen Farkas, June 13, 2014