Malpractice suit won against two obstetricians
LOCKPORT — A State Supreme Court jury Thursday awarded a former Youngstown couple $845,000 in a medical malpractice case against two Erie County obstetricians.
After two days of deliberations that followed a trial that lasted, on and off, for three weeks, the jury in the courtroom of Justice Richard C. Kloch Sr. returned the verdict in favor of Claudia and Michael Gilbert, who now live in San Antonio.
Their attorney, Corey Hogan, said Claudia had to have an emergency hysterectomy May 5, 2004, in Niagara Falls Memorial Medical Center after giving birth to a healthy son. The surgery was necessary to save her life after heavy postnatal bleeding, Hogan said.
He argued that the doctors, Daniel A. Burns and Douglas D. Hage, should have hastened the mother’s labor, which lasted more than 20 hours, to prevent the bleeding.
The jury of four women and two men voted unanimously that Hage was negligent and voted, 5-1, that Burns was negligent. It ascribed 70 percent of the liability to Hage and 30 percent to Burns.
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