Caroselli, Beachler & Coleman, L.L.C.

Plaintiff in birth injury case allowed to attend own trial

Though it didn't occur in Pennsylvania, an interesting medical malpractice ruling recently came down. The case concerns the right of a purported victim of medical malpractice - in this case, a young girl - to be able to attend the trial that is being conducted on her behalf.

The child suffers from severe cerebral palsy that is claimed to be a result of medical malpractice. Cerebral palsy often results from birth injuries suffered while the mother is in labor, and instances of such injuries are the result of doctors not taking the proper steps to prevent these injuries from occurring.

The above case is extremely sad due to the extent of the child's disabilities. The child - now 13-years old - is continuously confined to a wheelchair, lives with a feeding tube inserted into her stomach, must have her airway suctioned continually, is unable to speak and frequently suffers from seizures.

Not without reason, the hospital may fear that the girl's presence in court will elicit sympathy from the jury. Though the trial court originally ruled against allowing the girl to appear, the Supreme Court for the state in which the case was tried felt that exclusion of any party from trial was "an exceptional event in this state."

All medical malpractice cases - and in particular, birth injury cases - are complex. As the above case demonstrates, such cases can be complicated concerning the manner in which such cases should be tried as well.

Attorneys that have practiced in the area of medical malpractice understand all of the back and forth that will take place during such a trial. Such attorneys will also be prepared to handle any defenses that medical providers will raise.

Source: Atlanta Journal-Constitution, "Court says disabled child can attend trial," by Bill Rankin, June 18, 2012

No Comments

Leave a comment
Comment Information
Email Us For A Response

We Can Help – Contact Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Information Caroselli, Beachler & Coleman, L.L.C. 

Review Us

Pittsburgh Office
20 Stanwix Street, Seventh Floor
Pittsburgh, PA 15222

Toll Free: 866-466-5789
Phone: 412-567-1232
Fax: 412-391-7453
Pittsburgh Law Office Map

Philadelphia Office
1845 Walnut Street, Fifteenth Floor
Philadelphia, PA 19103

Toll Free: 866-466-5789
Phone: 215-792-6153
Fax: 215-609-1351
Philadelphia Law Office Map