$1.9 Million Settlement for New Jersey Obstetrician
- Attorney: Carol Forte
- Settlement: $1.9 Million
- Practice Areas: Medical Malpractice, Birth Injury, Fetal Distress, Failure to Diagnose, Cerebral Palsy
Attorney Carol Forte of Blume Donnelly negotiated a $1.9 million settlement against a Bayonne, NJ obstetrician whose negligence, it was alleged, led to the birth of a child with cerebral palsy.
Carol Forte represented a child who was born with cerebral paisley. The child cannot walk or speak, is confined to a wheelchair, and will require care for the rest of her life.
Ms. Forte alleged in the complaint that the mother showed clear signs of fetal distress at least 40 minutes prior to childbirth, indicating the need for an immediate Caesarian section delivery.
The defense attorneys for the obstetrician who delivered the baby argued that the obstetrician observed no fetal distress before delivery, and that the cerebral paisley. was a natural occurrence which happened without any negligence on his part.
Getting evidence in such a case against an obstetrician is very difficult, because hospital personnel are usually very reluctant to testify against a staff physician, and because proving the link between the injury and acts of the obstetrician is often difficult.
But Ms. Forte, using her experience as an outstanding trial lawyer in medical malpractice cases, as well as her prior experience as a Registered Nurse, got from the attending nurses the admission that they saw the signs of fetal distress and communicated this information to the obstetrician.
For more background on attorney Carol Forte, click here .