The following list of verdicts and recoveries represents, at best, a summary survey nationwide of trending surgery malpractice verdicts and recoveries.
(1) $1,920,000 Recovery: Surgery Malpractice - Medical Malpractice - DEFENDANT FAMILY PRACTITIONER FAILS TO DIAGNOSE AND TREAT POST-OPERATIVE COMPLICATION – REPAIR SURGERY FOR BILE LEAK – MULTI-ORGAN FAILURE – NUMEROUS RESULTANT HEALTH ISSUES.
In this surgery medical malpractice case the plaintiff, a 53-year-old construction supervisor, contended that the defendant failed to timely and appropriately diagnose and treat a post-operative complication. The defendant denied the plaintiff’s claims (New York).
(2) $100,000 Verdict for Plaintiff: Surgery Malpractice - Medical Malpractice.
The common hepatic duct was severed during a laparoscopic cholecystectomy. The surgery expert was critical of the surgeon (defendant) in this case for violating the so-called "Number One Rule" not to cut, clip or staple unless the anatomy in the patient is clearly identified. The defendant surgeon believed the injury to the patient to be a "complication" of the surgery and not something that he did.
The plaintiff, then age 47, underwent a laparoscopic cholecystectomy on 5-20-09. It was performed at Highland Regional Medical Center by the defendant surgeon. The plaintiff had been suffering from acute gallbladder symptoms.
During the surgery, the defendant severed the plaintiff’s common hepatic duct. This injury led to a complex surgical repair (New York).
During the surgery, the defendant severed the plaintiff’s common hepatic duct. This injury led to a complex surgical repair (New York).
(3) $500,000 Verdict: Surgery Malpractice - Medical Malpractice - Failure to perform adequate dissection of the gallbladder which lead to misperception of common duct being cystic duct - The defendant cuts the ________ common duct instead of cystic duct during surgery - Chronic abdominal pain - Subsequent surgery required to bypass bile duct.
In this surgery medical malpractice matter, the plaintiff alleged that the defendant was negligent in failing to appreciate the difference between the common duct and cystic duct during gallbladder surgery, resulting in the defendant cutting the common duct. The plaintiff suffers from chronic abdominal pain and had to undergo a subsequent surgery. The defendant denied any allegations of negligence (Napa County, California).
(4) $1,000,000 Verdict: Surgery Malpractice - Medical malpractice - Surgery - Injury to common bile duct and right hepatic artery during gall bladder removal surgery - Subsequent repair surgery and development of bile leakage and abdominal wall pain syndrome - Loss of income, pain and suffering, loss of normal life, disfigurement.
The plaintiff claimed the defendant surgeon violated the standard of care in causing injury to her common bile duct and right hepatic artery while performing a laparoscopic cholecystectomy. After the surgery, the plaintiff continued to suffer from bile leakage and additionally developed an abdominal wall pain syndrome that went undiagnosed for more than four years (Cook County, Illinois).
(5) Over $1,000,000 Verdict: Surgery Malpractice - Medical malpractice - Surgery - Negligent laparoscopic cholecystectomy - Failure to timely diagnose and treat post- operative bile leak and peritonitis - Multiple corrective surgeries with permanent surgical scars and risk of strictures.
The plaintiff commenced this action, alleging that the defendant negligently cut her common bile duct during a laparoscopic cholecystectomy, and that he failed to timely diagnose and properly treat her post-operative bile leak and peritonitis. The plaintiff named as defendants the surgeon and Lutheran Medical Center (Kings County, New York).
[www.jvra.com/Verdict/8-29-2012/Jury Verdict Review & Analysis; www.medicalmalpractice.com/Average Medical Malpractice Settlements from Surgical Error Complications; www.lawyersandsetlements.com/Surgery Malpractice awards]
The Agency for Healthcare Quality and Research (AHRQ) is now producing an annual report on the quality of health care and the presence or absence of any improvements. The first statement is what health care is supposed to be:
ReplyDelete“Health care seeks to prevent, diagnose, and treat disease and to improve the physical and mental well-being of all Americans. Across the lifespan, health care helps people stay healthy, recover from illness, live with chronic disease or disability, and cope with death and dying. Quality health care delivers these services in ways that are safe, timely, patient centered, efficient, and equitable.”
The second paragraph is telling us like it is:
“Unfortunately, Americans too often do not receive care that they need, or they receive care that causes harm. Care can be delivered too late or without full consideration of a patient’s preferences and values. Many times, our system of health care distributes services inefficiently and unevenly across populations. Some Americans receive worse care than other Americans. These disparities may be due to differences in access to care, provider biases, poor provider patient communication, and poor health literacy.”
This report, available for free download at http://www.ahrq.gov/qual/nhqr10/nhqr10.pdf is a comprehensive detail written in understandable language. It contains excellent data and identifies the root causes of the ills of health care, complete with patient safety issues and disparities driven by socioeconomic status. This is a comprehensive statement by the Federal government regarding standards of care in making the distinction between preventable and non-preventable deaths and survivable injuries.
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