Davis & Davis, Attorneys at Law
Call for a free consultation
Local 713-364-0314713-364-0314 Toll Free 877-202-0835 877-202-0835

Supreme Court allows more compensation for birth injuries

Readers in the Houston, Texas, may be interested to know about a recent United States Supreme Court decision that now protects victims of medical practice. The case involved a girl who suffered from severe birth injuries in 2000 and now has cerebral palsy. The girl's family sued the doctor responsible for medical malpractice and obtained a settlement worth $2.8 million. Afterwards, Medicaid came knocking at their door demanding one-third of that amount. In a major victory for medical malpractice victims, the US Supreme Court sent Medicaid home empty-handed.

It looked as if Medicaid had a valid claim. They were relying on a state law that entitled them to recover the amount of money it spent on a patient's care, or in the alternative, one-third of the medical malpractice settlement, whichever amount was less. In the girl's case, Medicaid spent $1.9 million for her treatment. Therefore, it asserted it was entitled to one-third of the settlement, amounting to $933,333.33.

Eleven other states agreeing with the law filed briefs in support of it, including Texas. However, according to the US Supreme Court, the state law was too arbitrary to uphold. The court found no logical reason why the state could not later demand half, three-quarters or all of a tort recovery if it was currently allowed to collect one-third.

The decision in this case is not only a positive outcome for those who have recently suffered from birth injuries and other forms of medical malpractice, but it helps protect anyone who may have to receive care from a medical professional. Medical malpractice can affect just about anyone, because when doctors and hospitals fail to apply the appropriate standard of care, patients can become seriously injured. When this happens, the victims may be entitled to compensation for injuries they sustained. An experienced medical malpractice attorney can help victims obtain such compensation, and as the case above demonstrates, help to keep that money in the hands of the victim.

Source: Charlotteobserver.com, "Supreme Court trims N.C. share of disabled child's malpractice settlement," Michael Doyle, March 20, 2013

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Davis & Davis for a Complimentary Consultation Davis & Davis proudly accepts referrals from Texas attorneys and law firms nationwide.

D&Ds Mobile Office

D&D's Mobile Office D&Ds Mobile Office

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

Houston Office
440 Louisiana St.
Suite 1850
Houston, TX 77002

Phone: 713-364-0314
Phone: 713-364-0314
Houston Law Office Map

Corpus Christi Office
802 N. Carancahua
Suite #1400
Corpus Christi, TX 78403

Phone: 713-364-0314
Phone: 361-884-7475
Map & Directions

Dallas Office
3001 Knox Street
Suite 405
Dallas, TX 75205

Phone: 713-364-0314
Phone: 214-326-0582
Map & Directions

San Antonio Office
126 Villitas St.
San Antonio, TX 78205

Phone: 713-364-0314
Phone: 210-224-0600
Map & Directions

McAllen Office
1111 W. Nolana
McAllen, TX 78504

Phone: 713-364-0314
Phone: 713-364-0314
Map & Directions