The only serious outcome or result for a plaintiff who brings a "successful" hospital or clinical negligence claim is an award of damages: i.e., money.
Generally, "negligence" is the breach of a legal duty of care owed to one person by another person which results in damage being caused to the second person. Specifically, this same definition applies to institutions such as hospitals and clinics.
[see, www.mind.org.uk/help/rights_and_legislation/clinical_negligence/ 8-16-2012; Chapters One and Two, Personal Injury 101 (pages 1-10) and Medical Malpractice (pp. 11-18), Legal Consumer Tips and Secrets (Avoiding Debtors' Prison in the United States), by Charles Jerome Ware, former Special Counsel to the Chairman of the U.S. Federal Trade Commission (FTC), iUniverse Publishers (2011)]
A recent nationwide sampling of hospital and clinic negligence verdicts and settlements follows:
(1) $10,000,000 Verdict: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – FAILURE OF NURSE TO ACT UPON FIXED AND DILATED PUPIL – BRAIN ABSCESS – BRAIN HERNIATION – DEATH OF 24-YEAR-OLD ACCOUNTANT – SURVIVAL ACTION – DAMAGES ONLY.
This medical malpractice action arose from the death of a 24-year-old accountant in the defendant hospital. The defendants included the hospital, on both a corporate liability theory and for the vicarious negligence of one of its nurses, as well as an attending neurosurgeon and the doctor’s professional practice group.
(Allegheny County, Pennsylvania, 186414)
(2) Verdict over $1,000,000: Medical Malpractice - Primary Care - Clinic Negligence - Failure to properly monitor known heart valve condition - Failure to properly diagnose chest pain - Failure to refer decedent to cardiologist for follow-up care - Wrongful death of 42-year-old father.
In this medical malpractice matter, the plaintiff alleged that the defendant doctor and the defendant clinic were negligent in failing to properly diagnose and treat the decedent’s chest pain, which resulted in his death from a leaking aortic valve. The defendants denied any deviation from acceptable standards of care in their treatment of the decedent.
(Yellowstone County, Montana, 185549)
(3) Verdict almost $99,000: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – ALLEGED FAILURE TO ADEQUATELY TREAT INFECTION – FAILURE TO TIMELY REMOVE IN-DWELLING CATHETER – SEPTIC SHOCK – ACURE RENAL FAILURE – CEREBELLAR INFARCT – ENDOCARDITIS – WRONGFUL DEATH.
This medical malpractice action was brought against a hospitalist, his employer, an infectious disease specialist and his medical group and a primary care physician following the death of the 49-year-old decedent. The plaintiff alleged that the defendants failed to adequately treat osteomyelitis of the decedent’s hip and failed to timely remove an in-dwelling catheter.
(Volusia County, Florida, 185386)
(4) Over $1,000,000 Verdict: MEDICAL MALPRACTICE – HOSPITAL EMERGENCY DEPARTMENT – PLAINTIFF IS TREATED AND SENT HOME TWICE FOR SHOULDER AND KNEE PAIN – PLAINTIFF PRESENTS THIRD TIME WITH SAME COMPLAINTS AND EXHIBITS MENTAL STATUS CHANGES – SPINAL TAP DONE – BACTERIAL MENINGITIS – STROKE – SEIZURES – HEARING LOSS – UNABLE TO RETURN TO WORK.
In this medical malpractice case, the plaintiff brought suit against the defendant hospital for failure to diagnose bacterial meningitis despite repeated visits to the emergency department.
(Cook County, Illinois, 185592)
(5) Over $1,000,000 Verdict: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – FAILURE TO PROPERLY SUPERVISE PHYSICIAN’S ASSISTANTS – FAILURE TO ORDER ROUTINE DIAGNOSTIC TESTING – FAILURE TO DIAGNOSE BLASTOMYCOSIS – DEATH OF 25-YEAR-OLD PATIENT.
The 25-year-old male decedent presented to the defendant health facility on two separate occasions for treatment. The first was on December 15th when the decedent presented with complaints of a ten day history of coughing and fever that failed to respond to antibiotics. The decedent presented again on December 18th with the same type of complaint and now also alleging that he was experiencing the same symptoms.
(Brown County, Wisconsin 185569)
[www.jvra.com/Verdict_Trak/professional.aspx/8-15-2012, Jury Verdict Review & Analysis; www.medicalmalpractice.com/resources/medical-malpractice]
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