Plaintiff Wins $38.6M in Medical Malpractice Lawsuit
An Atlanta University healthcare system recently lost a medical malpractice lawsuit after a 20-year-old patient died during heart surgery. A jury returned a verdict of $38.6 million on behalf of the plaintiff in the suit. The hospital reportedly settled the lawsuit after the jury returned their verdict.
According to the plaintiff, the hospital failed to perform a CT scan on the plaintiff’s chest prior to performing the open-heart surgery. Had they, they would have noted that the plaintiff’s heart pump had moved to the back of his chest. While performing the surgery, the surgical team cut into the heart pump accidentally, causing massive blood loss and organ failure. The plaintiff contended that performing a CT scan prior to performing open-heart surgery was standard practice for the medical profession and that the patient’s medical care team failed to perform this crucial step resulting in the death of the patient.
On November 9, 2023, a jury found that the hospital was liable for medical malpractice in the death of the patient. They awarded the plaintiff’s mother $30 million for the value of her 20-year-old son’s life, $6 million for pain and suffering damages that the decedent suffered, and another $2.5 million for medical expenses.
Instead of appealing the verdict, the hospital agreed to enter into a settlement with the plaintiff. The plaintiff voluntarily agreed to dismiss her case against the defendants on the basis of that settlement offer. The terms of the settlement are confidential and undisclosed.
Elements of medical negligence
Proving medical negligence is not like proving simple negligence. In a medical malpractice lawsuit, you must prove that the standard of care delivered by the medical team was below the prevailing standard of care for the profession. In the case mentioned above, the plaintiffs were able to establish that the decedent’s medical team failed to perform a CT scan prior to performing the heart transplant. Since performing a CT scan is standard procedure before a heart transplant, the plaintiffs were able to establish that medical negligence occurred.
When the surgeons performed surgery on the decedent, they used a saw to open his chest for the heart transplant. They ended up lacerating the heart pump that he had installed to keep blood flowing properly. Had they performed the CT scan as indicated, they would have noted that the heart pump had moved, where it was, and could have avoided it when opening up his chest. This simple failure of procedure resulted in massive blood loss and eventual organ failure.
The plaintiff’s mother filed a wrongful death lawsuit against the hospital on the grounds of medical malpractice. A jury rightly found that the defendants were responsible for the plaintiff’s death. The hospital denied that they were negligent in the plaintiff’s care, but a jury determined that they had committed medical negligence. The verdict will not bring the plaintiff’s son back, but it will help pay for millions in accrued medical expenses and give the plaintiff peace of mind that her son was mistreated by the hospital.
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Source:
ajc.com/news/atlanta-news/emory-settles-386m-medical-malpractice-lawsuit/F3FDLTOWU5AEXEIXVIXXSC7Q7E/
