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
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“Contributory” or “comparative” negligence in relation to medical malpractice means a claimant contributed to their own harm, and cannot obtain full compensation from the other party. This legal standard bars claimants from recovering full compensation if they were partially at fault for the damages they incurred. In medical malpractice cases, contributory negligence can prevent patients from recovering
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