Over 11 years ago, an Ohio doctor decided against a Caesarian section for a patient. This failure to perform a C-section led to the baby being deprived of oxygen in the womb, causing brain injuries and ultimately cerebral palsy. The family pursued a medical malpractice lawsuit against the doctor and other negligent parties. The jury returned a verdict of $13.9 million last year.
The court reduced the judgment to $9.7 million because the family had previously settled with other defendants for $2.4 million. By any measure, it was the largest medical malpractice judgment in Trumbull County history. The family is now pursuing a collection of its judgment against the doctor.
It is common in litigation involving insurance companies for appeals to be filed and perfected, and it often delays the time a successful litigant must wait to recover the judgment they fought so hard to earn. When an appeal is filed, a judgment debtor seeks a stay of enforcement. In this case, the policy issued by the insurance company had a limit of $2 million. However, courts require a bond to be set by litigants that appeal in order to obtain a stay. The bond, in this case, was set at over $10 million, something an insurance company facing only a $2 million pay-out would not likely do.
With no bond posted, the family’s attorney started enforcement proceedings against the doctor’s assets. The Sheriff’s office visited the doctor’s home, along with a writ, seeking to take possession of assets on behalf of the family. Also, the doctor has been directed to appear for a debtor’s examination, requiring her to disclose all of her assets and income.
Medical malpractice cases are complicated. Pursuing a judgment awarded for a doctor’s negligence resulting in debilitating brain injuries is also complicated. An Ohio attorney experienced in both prosecuting medical malpractice lawsuits and recovering on judgments awarded may help a family gain the measure of justice they deserve. If you or a loved one received traumatic brain injuries or any type of head injury due to the negligence of a medical professional, reach out to one of the Ohio medical malpractice lawyers at our Cincinnati injury law firm today.
Source: TribToday, “Court award is still unpaid,” Christopher Bobby, Sept. 10, 2011