Judgment Overturned in Maryland Medical Malpractice Case
July 11, 2013
A judgment was overturned by the Maryland Special Court of Appeals this week in a case alleging medical malpractice against a Baltimore hospital that led to a birth injury.
The original case was filed by Rebecca Fielding and Enso Martinez against Johns Hopkins Hospital after their baby was born with irreversible brain damage in 2011. The lawsuit claimed that the baby, Enzo, suffered from a lack of oxygen while his mother waited to have a caesarian section at the hospital. He was later diagnosed with hypoxic ischemic encepalopathy, which is an irreversible cognitive disorder.
Lawyers for the hospital weren't allowed to introduce evidence that the baby's injuries may have resulted from the negligence of midwife Evelyn Muhlhan, who tried to deliver the baby herself before calling an ambulance.
Judges at the intermediate appellate court sent the case back to the trial court, claiming that evidence concerning the alleged negligence of the midwife should have been presented at trial.
The original judgment of $55 million against the hospital was later reduced to $28.3 million due to Maryland's cap on punitive damages.