Family receives $4.5 million in malpractice case for children born with disabilites

Monday, September 12, 2011

A jury awarded a Florida couple whose son was born with no arms and one leg $4.5 million September 9, completing a two-week trial where the family had sued their obstetrician for failing to detecting their child’s disabilities.

Photograph of a stethoscope and gavel on a wood table

Doctor held responsible

Ana Mejia filed a lawsuit in October 2008, claiming she would have had an abortion if she had known that her child, Bryan, would have had these disabilities, according to an article in the Palm Beach Post. The lawsuit asked for $9 million in compensation, the estimated health-care costs of his 70-year life.

The obstetrician  and the technicians at the OB/GYN Specialists of the Palm Beaches and Perinatal Specialists of the Palm Beaches, who have said they will appeal, disputed Majia’s testimony that she would have performed an abortion, noting that the couple rejected amniocentesis, which which might have detected the disability.

The obstetrician had told the family there was chance the boy would have Down Syndrome, but that there was a 99.9 percent chance he would not. But the couple rejected amniocentesis after being told the procedure had a 1 in 500 chance of causing a miscarriage.

One thought on “Family receives $4.5 million in malpractice case for children born with disabilites

  1. M. G. Stroh says:

    This is news but it is not good news. The implications are pretty scary.

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