Medical malpractice lawsuits are becoming a common occurrence throughout the country and victims seeking a large medical malpractice award may have to wait years before obtaining a settlement. Most medical malpractice cases settle long before trial, but there are many examples of juries awarding the plaintiff a large medical malpractice award when the victims injuries are severe or the result of wrongful death.
Medical Malpractice Awards—Real Cases
July 2009 Tennessee
Courtney Hill filed a medical malpractice suit against her gynecologist, Dr. Claudia Moise and the OB/GYN Specialists P.C. of Memphis, Tennessee. Hill said that Dr. Moise failed to diagnose breast cancer after complaining about a lump. A couple of weeks later, Dr. Moise failed to order a mammogram for further testing. Hill became pregnant and after delivering the baby, the lump seemed to get worse. Mammogram and ultrasound tests confirmed that Hill had breast cancer, which had now spread to her liver. After many rounds of chemotherapy and radiation treatment, she underwent a lumpectomy and hysterectomy. In one of the largest malpractice awards in Tennessee history, the jury awarded Hill and her husband a total of $23.6 million in damages.
August 2005 Massachusetts
Lisa Antonelli filed suit against her obstetrician and gynecologist, Dr. Jacqueline Halladay, for negligence in waiting too long to deliver her son, even though there were signs of fetal distress. Eight years later, Philip Antonelli Jr., who was diagnosed with cerebral palsy, barely functions at the level of a toddler. The Middlesex County jury awarded the family nearly $40 million.
July 2003 Connecticut
When Justin Iriondo was just five years old when he was taken to Hartford Hospital after complaining of severe neck pain. He was diagnosed with a tumor on his spinal cord. After being examined the following morning after he was admitted to the hospital, Justin was unable to move his arms and legs. He was later transferred to the intensive care unit after he stopped breathing. As a result, he is now a quadriplegic, with a tracheotomy tube that has to be constantly suctioned for blockage. The jury returned an award of $12.5 million after a ten-week trial.
Caps on Damages and Healthcare Tort Reform
Over half the states have enacted some type of tort reform in order to place a limit on damages that can be awarded in a medical malpractice claim. At least thirty-two states have established limits on non-economic damages, which are awarded for pain and suffering and the loss of consortium. There are also caps on punitive damages that are used to punish the defendant’s wrongdoing and deter others from similar behavior in the future. Non-economic damage caps can range anywhere from $250,000 to $700,000, depending upon state laws. Some damage caps only apply to cases of medical malpractice when wrongful death is the result. However, recent trends indicate that some states are overturning the limit on damage caps. In March 2010, The Georgia State Supreme Court overturned their limit on damage caps when Betty Nestlehutt was the victim of plastic surgery that left her face horribly disfigured. The jury awarded her $1.265 million in damages.
Getting Legal Help
When you or a member of your family has been the victim of medical malpractice, you need to obtain compensation for your injuries. The laws surrounding these cases are extremely complicated and vary in each state. Therefore, it is important to consult with an experienced medical malpractice attorney who will fight for your rights to seek damages and obtain the compensation you deserve.
