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Court Orders New Trial In Fetal Malpractice Case

Jury Found Mickelson Wasn't Negligent.

Court Gavel Legal Books
wp paarz (CC BY-SA)

A state appeals court has ordered a new trial in a medical malpractice lawsuit alleging a Milwaukee doctor didn’t take steps to protect a baby from brain damage.

Raquel Barney’s son, London, was suffered a brain injury due to oxygen depletion during birth at Columbia St. Mary’s Hospital. She filed a lawsuit in 2015 alleging Dr. Julie Mickelson failed to determine whether a heartbeat monitor placed on Barney’s abdomen was accurately measuring London’s heartbeat.

A jury found Mickelson wasn’t negligent.

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The 1st District Court of Appeals on Tuesday reversed that decision and remanded the case for a new trial, ruling that when Mickelson realized the abdomen monitor wasn’t reliably tracking London’s heart beat she could have used different types of monitors.

Mickelson’s attorney, James Gutglass, didn’t immediately return a voicemail.

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