Earlier this year, the family of eight-year-old Daniel D'Attilo won what is now the largest award for a medical malpractice case in Connecticut. The suit, filed in 2005 over birth complications on February 2, 2003, awarded the D'Attilo family $58 million. $8 million is allocated for medical bills and general care, while $50 million will go toward alleviating pain and suffering.

Daniel has suffered from cerebral palsy since birth. Dr. Richard Viscarello, obstetrician of Maternal-Fetal Care, was sued by the D'Attilos for improper delivery. According to news reports, the staff's first mistake was not heeding complications and failing to deliver Daniel early. Eventually, the team went for a C-section but fumbled the procedure and cut off the oxygen to Daniel's brain. Now Daniel needs round-the-clock care because he cannot speak, eat, or walk. The Connecticut jury determined in May 2011 that this condition was preventable and was a result of obstetrical malpractice.

The doctor's attorneys plan to appeal and claim both that the mother received proper care and that the cerebral palsy was caused by an infection that went undetected and untreated prior to birth. The record $58 million will therefore be kept from reaching the D'Attilos for several years while the appeals process develops.

As a practicing medical malpractice attorney in New York, I deal with medical errors and obstetrical malpractice like this every day. This is what I do. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at [email protected] to answer your questions. That's what I do every day. I welcome your call.