Certain rulings in medical malpractice cases can set a precedent for cases in the future. That's why it's important for attorneys who work with medical malpractice victims to keep up on incoming and current cases. The outcome of a recent medical malpractice case involving an obstetrics and gynecology doctor may set an example for how such cases could be handled in New York and across the United States.
The case involves the death of a fetus that resulted from a procedure performed by the doctor. According to the case, the doctor ruptured a woman's fetal membrane as she was "trying to remove an intrauterine birth control device." The doctor failed to check if the woman was pregnant before performing the procedure.
The ruptured membrane caused the woman to go into labor and she delivered her 22-week-old fetus. That fetus apparently died less than a couple of hours later.
The lawsuit brings up the controversial topic of when an unborn child can be considered a person in legal matters. The lawsuit alleges medical malpractice and wrongful death.
A judge apparently allowed the case to move forward, explaining that there was not any specific case law in their state and that courts in other states have ruled on both sides. The case was eventually settled, yet the details of that settlement have not been disclosed.
While some may think these types of cases may be hard to win, the party being sued may be willing to settle. Beyond that, a positive ruling by a court may give other victims in similar situations hope for a winning case.