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MDLinxNashville Jury Awards Record $47 Million Malpractice Judgment

Record Malpractice Verdict Highlights Risks in Obstetric Care and Potential for Improved Fetal Monitoring

A Nashville jury has awarded a record-breaking $47 million in a medical malpractice case involving birth injuries. The verdict against Ascension St. Thomas Hospital Midtown stems from a 2018 delivery that resulted in a newborn suffering brain damage, cerebral palsy, and developmental delays. This case only reinforces the critical importance of fetal monitoring and prompt intervention during labor, while also highlighting the ongoing risks faced by obstetricians in malpractice litigation.

Key Points:

  • A Nashville jury awarded $46,993,500 to the Boughton family in a medical malpractice case against Ascension St. Thomas Hospital Midtown.
  • The case involved a 2018 delivery where the infant, Vivian Boughton, suffered brain damage, cerebral palsy, and developmental delays.
  • Signs of fetal distress were reportedly present during labor, but no additional monitoring or interventions were performed.
  • The lawsuit initially included claims against the obstetrician, Dr. Sa Cara Shaw, and Tennessee Women’s Care, which were resolved separately.
  • The jury found two hospital nurses liable for 75% of the injuries, with 25% attributed to Dr. Shaw.
  • The hospital is responsible for paying 75% of the total award, approximately $35 million.
  • The award includes $23 million for future medical expenses and over $20 million for pain and suffering.
  • Tennessee’s cap on non-economic damages at $750,000 may significantly reduce the final award.
  • OB/GYNs face a high risk of malpractice suits, with 62.4% reporting having been sued during their careers.
  • Malpractice verdicts exceeding $10 million have become more common in recent years.

According to the article, the US maternal mortality rate in 2022 was 22.3 per 100,000 live births. Birth trauma injuries occur in approximately 29 per 1,000 deliveries in the US.


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