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Doctor’s Worry over BMW Led to Boy’s Cerebral Palsy

Jordan MacDonald, 16, was born with cerebral palsy. He cannot walk by himself and has the intellectual capacity of a two-year-old child. His parents, Melissa and Robert MacDonald, have filed a lawsuit on Jordan’s behalf against the Boca Raton doctor who delivered him because they claim that his negligence led to their son’s brain damage. According to the MacDonalds, Dr. Samuel Kaufman was more concerned about his BMW car than Jordan on the day of delivery, and the resulting malpractice caused irreparable harm.

Medical Malpractice Accusations

The MacDonalds claim in their lawsuit that Dr. Kaufman sucked Jordan out with a vacuum pump instead of allowing a safe natural birth in order to get back to his luxury vehicle repairs more quickly. They allege that records show on the day of Jordan’s birth, Dr. Kaufman was checking on the status of his car instead of Jordan’s mother. “If he had just come in and been patient,” the MacDonalds’ attorney told the jury during opening statements. “Instead he decided to intervene for no reason. … He was in a hurry.”

Dr. Kaufman’s attorneys rebut the claims and countered with their own argument that the experienced obstetrician is not to blame for Jordan’s brain injuries. While Dr. Kaufman was on the phone with a BMW service station shortly before Jordan’s birth, they claim that it did not influence his medical decision-making regarding the delivery.

According to his attorneys, Melissa MacDonald went into labor about five weeks before she was due. By the time she needed to give the last big push she was exhausted, so Dr. Kaufman attached a suction cup to the baby’s head and pulled him out. Vacuum pumps are used in about 10 percent of all births and according to his attorneys, in most cases, no problems result.

They also pointed out to the jury that doctors still do not know why cerebral palsy occurs, but it is more common in premature babies. Dr. Kaufman’s attorneys urged jurors not to be swayed by sympathy for Jordan or his parents because they claim that Dr. Kaufman did nothing that would rise to the level of medical malpractice. The MacDonalds disagree, and claim that Dr. Kaufman was more concerned about his car that day than a human life.

History of the Case

This is the third trial between the MacDonalds and Dr. Kaufman. The first trial ended with a mistrial, and after a jury found Dr. Kaufman was not liable for Jordan’s injuries a judge threw out the verdict, citing misconduct on the part of attorneys representing the doctor. This is now the third trial for medical malpractice that Dr. Kaufman allegedly performed while delivering Jordan 16 years ago.

Contact a Florida Medical Malpractice Attorney

If you or a loved one has suffered a birth injury as a result of medical malpractice in the West Palm Beach area, let the experienced medical malpractice attorneys at Gary Roberts & Associates help. Call the office or contact us today for a free and confidential consultation of your case.

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