Page 12 - OB Risks - Delivering the Goods (Part One)

SVMIC Obstetrics Risks: Delivering the Goods

a perfect delivery or the emotions that are involved anytime an

infant experiences an injury or death are contributing factors.
The sympathy factor is what typically drives these cases and

has a major impact on the size of the verdicts. While jurors in
malpractice cases are often skeptical of many plaintiffs’ claims

relating to their alleged pain and suffering and any ongoing
emotional distress, this is not true when the case involves the

death of a baby or, worse still, the deaths of an infant and the
mother. Even jurors who do not have children can empathize

with the parents and feel their sense of loss. Plaintiffs’ attorneys
are well-aware of this emotional component and exploit it at

every instance in the hope of driving up the case’s value.

If the claim involves an impaired infant, the plaintiff may
potentially be awarded greater damages. For example, in states

that have enacted tort reform, placing a statutory cap on the
amount of non-economic damages a plaintiff can collect (such

as Tennessee and Virginia), the amount of projected income
that it will take to care for the infant over his or her lifetime

(based upon actuarial tables) is considered economic damages
and is not included in applying the cap. A cottage industry

has developed among certain economists and other experts
who will readily testify as to the enormous expense it will take

to provide medical and life care for an impaired infant over a
projected 40-50+ year lifespan. Given the size of these experts’

life care plans, it is easy to see how a jury award in these cases
can be in the millions and why they are so appealing to plaintiff

attorneys.

Despite the previously mentioned statistics, the majority of

claims actually result in no payment. According to a study from
the Medical Professional Liability Association (MPLA, formerly

Physician Insurers Association of America), among the 10,915

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