Proof that some medical defense lawyers have no soul
In a recent medical malpractice case wherein a baby’s arm nerves were severed from his spinal cord by the negligence of the doctor (to which she finally admitted before trial), the defense team argued that the baby suffered no real damages even though his arm would never function. They claimed you couldn’t predict lost wages since the child never worked and…here is the most outrageous part…they added, “Defendant had argued that the baby was not disfigured, suffered no pain or emotional distress from his injury and would not need future medical care, and that he would not experience loss of a normal life because his injury occurred at birth and so he would know no alternative.” By that logic, a baby who had his legs amputated, eyes gouged out, etc. would get nothing for the future emotional injury for having to live with those loses because “he wouldn’t know any differently”. That’s morally reprehensible. Yong Juan Zhao v. USA, 963 F.3d 692 (7th Cir. 2020)
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