Switch to ADA Accessible Theme
Close Menu
Tampa Criminal Defense Lawyer
FREE Consultations Available
813-217-5715
TAMPA
Tampa Criminal Defense Lawyers > Blog > Medical Malpractice > Plaintiff Wins $38.6M in Medical Malpractice Lawsuit

Plaintiff Wins $38.6M in Medical Malpractice Lawsuit

MedLaws

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.

Talk to a Tampa, FL Medical Malpractice Attorney Today 

The Matassini Law Firm helps Tampa, FL residents who have been injured or lost loved ones due to medical malpractice. Call our Tampa medical malpractice lawyers today to schedule a free consultation and learn more about how we can help.

Source:

ajc.com/news/atlanta-news/emory-settles-386m-medical-malpractice-lawsuit/F3FDLTOWU5AEXEIXVIXXSC7Q7E/

Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa criminal defense lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves a crime or injury, your attorney must be prepared to take the case all the way through trial to verdict. Many defense attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or their need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay criminal attorneys for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa criminal defense attorneys, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
888-377-0011
Toll Free
813-217-5715
Tampa
2811 W. Kennedy Blvd., Tampa, Florida 33609
GET DRIVING DIRECTIONS
+