Our client was pregnant with her second child and suffered substantial injuries when the obstetrician/gynecologist in charge of delivering her baby did not call for back up in time, and as a result, failed to remove a stitch around our client’s cervix during the delivery.
Our client suffered substantial injuries during the delivery due to the stitch not being removed in time. The physicians and hospital involved agreed to pay $295,000.
Again, because our client was a stay-at-home mother at the time, and her injury did not require significant future medical treatment to heal, her damages at trial would have been limited to $250,000 for her pain and suffering, along with her husband’s claim for loss of consortium, that was also limited by the same cap.
The limited settlement we were able to obtain for our client despite her painful and long-lasting injuries again illustrates how unfair the MICRA damages cap can be to women and others who do not work outside of the home.