July 2, 2001 - Judge Adds Nearly $1 Million To $6 Million Medical Malpractice Award

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A judge rejected an Indiana Hospital motion for a new trial in a malpractice suit and ordered them to pay additional $ 921,000 in damages on top of the original $ 6 million award, believed to be the largest ever handed down by a jury in Indiana County.

Judge Gregory Olson ordered the hospital to pay the additional amount as a penalty for delaying a full payment of the jury's award. A lawyer representing Nicole Chichy and her parents requested $ 1.2 million in delay damages.

After a two-week malpractice trial in January, the jury found that the hospital and the obstetrician provided substandard prenatal care to the mother of Nicole, who was born with cerebral palsy in June 1995 and cannot talk, walk or feed herself. The jury said that Dr. Sharad Ghate was 75 percent at fault for Nicole's birth injuries and the hospital was 25 percent responsible.

Attorneys for the hospital had argued that since the hospital was found only 25 percent responsible, the delay damages should have been less. They requested the new trial alleging that the evidence did not support the verdict and that Olson should not have allowed an expert to give testimony critical of the hospital's nursing staff.

In cerebral palsy cases it is essential that measures be taken promptly to preserve evidence, review the medical procedures in question, and to enable physicians or other expert witnesses to thoroughly evaluate the birth record and injuries. If you or a loved one is a victim of cerebral palsy, call Estey & Bomberger, LLP now at (619) 543-1391 or 800-672-1036 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.