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Mother granted new medical malpractice trial

When new parents believe their baby was harmed at birth by improper medical care, they may be able to file a lawsuit against the responsible doctor or hospital. In appropriate situations, the legal system can provide a way to obtain money to pay for past and future medical care, as well as other expenses related to the birth injury. Medical malpractice lawsuits are not quick, and it can take months or even years before a judge’s order is obtained. However, the justice system in Maryland and throughout the country is meant to be fair. Every litigant gets his or her day in court to tell the story of what happened in front of an impartial judge or jury.

A woman who was initially unsuccessful in her medical malpractice lawsuit against a hospital has been granted a new trial. The chance to start over comes after the woman filed an appeal claiming that the judge did not act appropriately in court. Instead, the judge interrupted her attorney, made rude comments about his legal skills, and treated him disrespectfully in front of the jury.

It will be interesting to see whether the woman is successful at her fresh trial in front of a different judge and jury. The mother claims her newborn suffered throat damage from a faulty intubation. If the jury finds that the doctor or hospital mistakenly intubated her child when it was unnecessary, or if the tube was not skillfully placed, the woman may be entitled to a money judgment. In a situation where a doctor wrongfully causes harm, it can be best to consult with an experienced attorney to discuss the specific situation and possible legal remedies.

Source: Courthouse News Service, “Retrial Ordered After Judge Belittled Lawyer,” Jeff D. Gorman, June 19, 2013

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