There is nothing more upsetting than losing a loved one through injustice. It is only worse when this loss is caused by negligent acts by the medical professionals you trust to keep your family safe and healthy. This was the nightmare of Sara and Jarad Snyder after the birth of their son Magnus.
The Snyders’ Medical Malpractice Suit
After a complicated breech delivery, their thirteen-day-old son passed away due to severe complications resulting from the gross negligence of the midwife in charge of his birth. The grieving parents were awarded a settlement of $5 million dollars in a Michigan court after the judge found the midwife to be responsible for the death of the baby. While nothing could make the Snyders miss Magnus less, their attorney said they felt a sense of justice because the size of settlement recognized the severity of the negligence that resulted in their child’s death.
While a moral victory, it is doubtful that the couple will ever get any of the money awarded to them. The birthing center where Sara delivered Magnus had no malpractice insurance, nor did the midwife.
Medical Malpractice Settlements
Unfortunately, while a judge can award a multimillion-dollar medical malpractice settlement, most recoveries are capped at the defendant’s insurance limits. More often than not, you can’t get more money from a defendant than the insurance company is willing to pay out. If there is no insurance, it becomes very difficult to get any money at all. While it is possible to go after a practitioner’s personal assets, this process is long and difficult with no assurance of success. In some cases, such as if the defendant declares bankruptcy, this may not even be an option. You may never see a dime of the money that you deserve. For the Snyder’s, the justice is enough, but in the case that the malpractice leaves a loved one needing continual care or rehabilitation, the money from a settlement is key to having the resources for recovery.
This is one reason why it is so important to make sure that any medical professionals that you get services from have appropriate malpractice insurance. Although you hopefully will never need to go to court due to a caretaker’s negligence, it is important to be prepared for the possibility. If you have or a loved one has already been hurt due to an uninsured medical professional’s negligence, you should consult with legal counsel to find out what your options are. There is still a chance to get some of the money you are due.
Gladstein Law Firm stands ready to help you, especially if someone you love has been hurt by medical malpractice. If you or a family member has been injured or killed due to the negligence of a medical professional, contact Gladstein Law Firm, PLLC as soon as possible for a free consultation. We can review your situation, inform you of your legal rights and options, and work to help you or your loved one seek the compensation to which you may be entitled.