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Doctor Loses Bid to Overturn Medical Malpractice Ruling in Childbirth Case

NASSAU, BAHAMAS – Justice Loren Klein ordered Dr. Carey to pay the now 13 year-old boy’s parents $3.6 million in damages.

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NASSAU, BAHAMAS – An Appeal Court has refused to overturn a medical malpractice finding against Dr. Gregory Carey after a baby suffered brain damage during childbirth.

Justice Loren Klein ordered Dr. Carey to pay the now 13 year-old boy’s parents $3.6 million in damages.

The child suffers from cerebral palsy and seziures caused by lack of oxygen to the brain during birth and requires lifelong care.

The Court heard that the baby remained trapped in the birth canal after Carey was unable to deliver him at the Princess Margaret Hospital on August 5th, 2012.

Dr. Carey unsuccessfully used vacuum suction and forceps to deliver the infant, which medical experts said shouldn’t have happened.

According to experts, Dr. Carey should have performed a cesarean section after one of the methods failed.

Carey denied liability and suggested that the baby’s injuries were genetic.

The baby was ultimately delivered by consultant gynecologist Dr. Homer Bloomfield, who was called to assist.

Justice Klein found that Carey caused the injuries “by his successive failed attempts to deliver the baby prior to the arrival of Dr. Bloomfield, and that the injuries were of a kind that fell within the scope of the defendant’s duty of care and were foreseeable.”

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