$3,750,000 Settlement for Failure to Prenatally Diagnose Brain Abnormality in a Fetus
- Date: Winter 2015
- Attorney: Carol L. Forte
- Settlement: $3,750,000
- Practice Areas: Medical Malpractice, Birth Injuries
Carol Forte represented a young woman who asked for an ultrasound during her pregnancy to make sure her baby was healthy. Only a partial or “limited” ultrasound was performed, instead of a “complete” ultrasound. The hospital claimed that complete examinations of the fetal anatomy would be performed only if there was a specific medical indication to do it, for example, a high risk pregnancy, family history, maternal age, or some reason to suspect that there might be a problem with the baby. The partial ultrasound that was performed did not include a full evaluation of the baby’s brain. After birth, the baby was diagnosed with Dandy-Walker variant, a malformation of the brain. In this type of case, the damages that can be recovered are for the special medical expenses that will be incurred, to treat the child for the condition that was undiagnosed. Ms. Forte was able to settle this claim for $3,750,000.