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Appeals Court Upholds Verdict in Malpractice Case

The 11th District Court of Appeals upheld a verdict for $13.9 million in a case against a pediatrician who was blamed for the development of severe disabilities in a child.

According to court documents, Dr. Tara Shipman, the pediatrician, and her medical practice filed the appeal. Lawyers for the child and the family allege that Dr. Shipman failed to perform a cesarean section. This failure was the cause of the child’s disabilities.

The defendants asserted in their appeal that Judge W. Wyatt McKay of Common Pleas Court in Trumbull County erred in his refusal to allow Dr. Shipman to read into evidence the deposition of a pediatric neurologist. The neurologist said that the child’s brain damage began approximately 10 minutes after she was born, resulting in oxygen deprivation which caused the brain damage. The blame for this oxygen deprivation was due to an anesthesiologist having failed to properly resuscitate the infant.

However, appellate court sided with the plaintiffs in their ruling that Judge McKay had erred because the neurologist, “does not seem to have been deemed an expert for the purposes of giving an opinion on the cause of the child’s disability.”

Patients have a right to quality healthcare being given by their physician or healthcare facility or hospital. Medical professionals are required to adhere to a set of standards for the care that they give to patients. Most doctors and healthcare providers live up to these standards, however, those that don’t follow the standard of care end up costing the rest us.

If you believe that you or a loved one believes they has suffered as a result of medical malpractice or other medical related personal injury, contact the law offices of Bottar Leone, PLLC today. We will take the time to carefully evaluate your claim. Contact us at (315) 313-6809, or toll-free at (888) 979-1689, or you may send an email to