The inquirer: A 6-year-old Delaware County girl whose spinal cord was injured during birth was awarded $40.3 million. She was delivered at Delaware County Memorial Hospital in Drexel Hill by Dr. Steven M. Troy. The parents, filed the suit on their daughter’s behalf in Delaware County Court in February 2013.

It was a breech delivery in which her feet would have been delivered first. Troy did not properly protect the baby’s head and neck during such a high-risk procedure. As a result of the delivery, the baby became paralyzed from the “mid-chest” down and is unable to stand on her own.

Between 2000 and 2016, only one other medical malpractice case in Delaware County reached a judgment exceeding $10 million.

Troy “did not have sufficient training, experience, or qualifications to undertake such a complicated delivery.” He conducted the delivery “aggressively.”

MRI showed the child’s injuries were due to “significant birth trauma.

Of the $40 million judgment, $30 million was set aside for Grayson’s future medical expenses and $10 million was awarded for pain and suffering, Lawn said.

Because damages in medical malpractice suits are not capped in Pennsylvania, there is no limit to how much juries can award plaintiffs for non-economic reasons. A Republican-sponsored bill passed by the U.S. House during the debate over repealing Obamacare would have limited non-economic damages in medical malpractice cases to no more than $250,000.

Dr KK Aggarwal: Chief Editor eMedinewS Views

1. Such types of compensations are a reality in India

2. There is no capping of compensation in India too.

3. Lesson learnt is: do not take serious cases you are not capable of handling. Doctors should never take the risk. Always let the patients or relations take the decision and the risk.

4. Always take the consent for the risk involved how so ever minor it may be.

5. Always get indemnity insurance and let your insurance company be a party to the trial.