Delaware Jury Finds Obstetrician Negligent & Awards Family $3 Million
On April 9, 2008 Monica Broughton consented to her doctor’s recommendation that they induce labor. Broughton had just learned that she had developed diabetes during her pregnancy. She had also recently been told that her unborn son’s shoulder was stuck behind her pelvis. She never considered an alternative, especially because, according to the lawsuit, Wong never explained any of the risks before the procedure. During the delivery, Wong allegedly put the baby in unnecessary danger by pulling too strongly on his head and neck.
After her son was born with a paralyzed right arm, Broughton filed a medical malpractice lawsuit against Wong. The lawsuit claimed that the doctor dislocated the baby’s right shoulder during the delivery and if not for his negligence the child would’ve been fine. A neurologist found severe nerve damage after the birth, but two subsequent surgeries by a team at Kent General Hospital allowed for him to get some motion back in the shoulder. The arm never grew fully, however, and is four inches shorter than the left, preventing him from participating in many normal activities.
“He asks if his arm is ever going to be normal,” said Broughton. “He wants it to grow.”
After three years of litigation a unanimous Delaware jury found in favor of the plaintiffs and awarded Broughton and her family $3 million.
“I think it’s a fair amount,” said the lawyer representing Broughton and her son. “He’s got a lot of living to do with this impairment.”
It is not yet clear whether Wang, who denied any negligence, will opt to appeal the ruling. According to legal documents, Wong and other members from his firm were sued for medical malpractice in 2004. And in 2015 Wong was also reportedly fined by the Delaware Board of Medical Licensure and Discipline for overprescribing medication.
Frequently Asked Questions
The legal standards to hold your doctor liable in a medical malpractice lawsuit are fourfold. One, your doctor must have had a duty of care to you (or your injured loved one). Two, your doctor must have failed to uphold that duty of care. Three, you or your loved one must have suffered injuries because
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Before filing a lawsuit or claim, you must determine if a doctor, hospital, or other health care provider has committed medical malpractice. An attorney can help with this process. To determine if malpractice occurred, your lawyer will need to prove the existence of four conditions: The doctor or health care provider had a duty of
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