Court Overturns Decision in Utah Medical Malpractice Lawsuit

by Robert J. Debry & Associates

Aug.10, 2012

A Utah couple who filed a medical malpractice lawsuit several years ago on behalf of their permanently injured son has won an appeal and the suit sent back to the 4th District Court. According to an article published by The Salt Lake Tribune, the child’s injuries were allegedly caused when doctors decided not to deliver him via caesarian section, despite the recommendation of a specialist to do so.

The specialist went on vacation just before the delivery, and a stand-in doctor made the determination that a caesarian section delivery was unviable because of timing.

The family filed the suit after the child began to exhibit signs of having suffered a Utah Birth Injury from a botched delivery. In 2008, the District Court found in favor of the hospital where the delivery occurred, saying that they were not responsible for the child’s injuries. Recently, however, the Utah Supreme Court overturned the decision by a 4-1 vote on the grounds that a defense attorney in the case had “persistently and deliberately” swayed the jury in their favor by disclosing repeatedly how the family had covered much of their own medical expenses.

The Utah Personal Injury Lawyers with Robert DeBry and Associates encourage any parent who believes their child was hurt as the result of a botched delivery to discuss their legal options with an experienced attorney as soon as possible.