Top Three Verdicts of Medical Malpractice
What exactly does medical negligence entail?
A medical professional’s incorrect or incompetent patient treatment is called “medical negligence.” This covers carelessness when receiving treatment from a nurse, doctor, surgeon, pharmacist, or other medical professionals.
What are the Top Medical Malpractice Lawsuit types?
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Prenatal care mistakes
- Incorrectly prescribing medication
- Incorrectly administering anesthesia
- Lack of informed consent
- Late treatment
- Not following up or monitoring patient
- Infections acquired at the hospital
What long-term consequences do Malpractice in Medicine have?
Medical negligence can have long-term consequences beyond only physical harm. Our judicial system has developed legislation to address some of the challenges that victims face because there may be emotional and financial losses. Here are a few potential long-term consequences.
1. Physical Injury
Patients may suffer from a variety of internal or external bodily harm. For instance, if a patient receives a false diagnosis and their condition turns out to be more serious than first thought, this might cause the disease to progress or put off necessary treatment until it is too late.
A wrong or delayed diagnosis is one of the most devastating defenses for medical malpractice claims. According to a 2019 study published in the medical journal Diagnosis, misdiagnosis and delayed diagnosis account for roughly 30% of medical negligence instances that end in severe impairment or death. In 75% of those cases, the diagnosis of malignancies, infections, and vascular events was incorrect.
Unfortunately, more cases of cancer misdiagnosis (or late diagnosis) occur than any other kind of illness. According to Diagnosis research, mistakes in cancer diagnosis account for more than one-third of high-severity damages. The American Cancer Society estimates that lung cancer is the primary cause of cancer fatalities, yet lung cancer is also cancer, most usually incorrectly diagnosed.
2. Emotional harm
When someone we should be able to trust puts us at risk, it is tragic. Unfortunately, this is what happens in medical malpractice cases, and this act of carelessness may cause people to experience emotional distress as a result, including a loss of confidence in medical experts in the future.
Psychological and emotional scars can also result from the trauma of being hurt by a medical professional, including
– Loss of enjoyment
– Post-traumatic stress
– Diminished quality of life
3. Financial harm
Long-term care and various surgeries might be necessary if a doctor’s negligence aggravated a patient’s condition or severe injury.
Financial hardship can result from your rising medical expenses and inability to work. Sadly, you might have to pay for the following:
- The second round of operations
- Hospitalizations for patients
- Ongoing medical appointments
- Medications on prescription
- Mobility apparatus (e.g., wheelchair, walker, cane, crutches)
- Your home or vehicle has been upgraded with accessibility features.
- Physiotherapy or other types of rehabilitation treatment
- For tasks around the house that you can’t finish, hire professionals.
- Domestic care
- Transportation or travel impacted by your health
- Mental health support
- Furthermore, you can need several incidentals in your daily life that you didn’t need before you were a victim of medical negligence.
How should you proceed if you become a victim of Medical Malpractice?
The wounded patient or victim must demonstrate that the doctor was careless in providing treatment and that this carelessness led to their injuries. Four legal factors must be established to succeed in this case:
1) A professional obligation owed to the patient
2) A breach of that duty
3) Harm resulted from the breach and
4) Monetary damages.
Which are the top Medical Malpractice payout verdicts?
The Largest Medical Malpractice Settlements in the U.S. History
Important: While we make every effort to ensure that our lists are as accurate and comprehensive as possible, we cannot 100% guarantee either. Please immediately send us another judgment if you think it belongs on our list.
1. Amount: $30,000,000.00
Attorneys: Friedman & Friedman, Gary A.
Case: Baptist Health Medical Group Orthopedics L.L.C., et al. v. Estate of Fernandez.
Type: Wrongful Death, Failure to Treat, Lack of Informed Consent, Negligent Tort, Vicarious Liability, Medical Malpractice, Professional Malpractice Florida is a respondeat superior state.
2. Amount: $10,838,000.00
Miller v. Biggs, et al. Attorneys: Jerry I. Meyers, Gregory R. Unatin, and Brendan B. Lupetin of Meyers Evans Lupetin & Unatin LLC.
Type: Professional or medical malpractice, personal injury, brain injury, negligence, and vicarious liability State that responded best: Pennsylvania
3. Amount: $6,333,000.00
Attorneys: Alex Wilschke, James Puga, Molly Greenblatt, and Raymond Mariani of Leventhal & Puga.
St. Anthony Summit Medical Center v. Blatchley
Type: Negligent tort, hospital malpractice, medical malpractice, delayed diagnosis, failure to diagnose, professional malpractice, and business liability
4. Amount: $6,250,000.00
In the case of Njinga v. Alexiades et al., Jordan K. Merson of Merson Law P.L.L.C. is the attorney.
Business Liability, Medical Malpractice, Negligent Supervision, Personal Injury, Professional Malpractice, Unnecessary Surgery, Lack of Informed Consent, Negligent Tort, and Vicarious Liability are some examples of this type of claim. Respondeat Superior
State: New York
5. Amount: $5,872,150.00
Attorneys: Michael M. McCubbin and H. Briggs Bedigian of Gilman & Bedigian L.L.C.
Case: University of Maryland Medical System Corp. v. Estate of Mason
Types include Business Liability, Delay in Treatment, Medical Malpractice, Negligent Supervision, Professional Malpractice, Wrongful Death, Failure to Monitor, Negligent Tort, Vicarious Liability, and Respondeat Superior
Which are the top 5 famous Medical Malpractice verdicts?
Many people were startled to learn about Michael Jackson’s tragic, abrupt death on June 25, 2009, which seemed to come out of nowhere. According to an exhaustive autopsy and toxicology study, Jackson died due to several medicines in his blood, including Propofol, a potent anesthetic often used in surgical conditions. Because of its extreme potency and myriad potential adverse effects, medical professionals must continuously monitor propofol. Further inquiry found that Jackson’s in-home doctor, Dr. Conrad Murray, habitually gave Propofol to his one and only patient so that he could sleep soundly through the night.
Jackson died, and Dr. Murray was detained and accused of involuntary manslaughter; however, no civil medical malpractice claims were made against him.
The maximum sentence for involuntary manslaughter was four years in jail when a jury convicted Dr. Murray guilty of his offenses. His medical licenses in Texas and California were also suspended, and the judge further mandated that he pay the Jackson family $100 million in compensation.
Comedian Joan Rivers visited Yorkville Endoscopy in 2014, claiming to have a sore throat. Rivers, who has a history of acid reflux problems, consented to have her vocal cords and upper digestive tract examined with laryngoscopy and an endoscopy. The medical mistakes and procedural violations that came next caused Rivers’ voice cords to enlarge and close, impairing her breathing ability. She eventually fell into cardiac arrest owing to a shortage of oxygen because the doctors on duty ultimately missed that her vital signs had been quickly decreasing for at least 15 minutes. After being taken off life support, she passed away seven days later.
In 2015, Melissa Rivers, Rivers’ daughter, sued Yorkville Endoscopy and any other doctors present for misconduct. A year later, a settlement was negotiated, and the doctors admitted full liability for Rivers’ demise.
The clinic’s medical director, Dr. Lawrence Cohen, resigned after Yorkville Endoscopy was found to have numerous violations and irregularities.
Donda West, Kanye West’s mother, tragically passed away one day after having cosmetic surgery in 2007. A day before she suddenly stopped breathing at her home, she underwent surgery with Dr. Jan Adams for a breast reduction and tummy tuck. According to an autopsy, West suffered from heart failure, and “several post-operative variables may have been involved.”
Despite what might have been Dr. Adams’ negligence, no lawsuits were brought on behalf of West.
Adams was implicated in 8 malpractice claims that were made in Orange County between 2006 and 2009, according to an investigation conducted after Donda West’s passing. Additionally, it was discovered that Adams had a history of DUI convictions; as a result, he gave up his medical license in 2009. He spent eight months in jail for a third DUI conviction that year. Although the medical board restored his license in 2013, it was quickly revoked less than a year later due to Adams’ failure to comply with the conditions for license restoration, which included taking an ethics course, performing community service, and submitting to alcohol testing.
Andy Warhol, a famous artist, entered the New York Hospital in 1986 for surgery to remove gallstones and treat a ventral hernia. He passed away two days after the procedure, ostensibly from a heart attack, but Warhol’s estate claims that the doctors and nurses caring for him after the surgery were negligent.
The estate of Andy Warhol sued New York Hospital and 11 other healthcare providers who were attending to him at the time of his death for malpractice and wrongful death. In the lawsuit, it is claimed that Warhol did not pass away from a heart attack but rather into a coma due to nurses’ failure to monitor his fluid intake, which led to the administration of more than double the recommended amount of fluids. According to Warhol’s lawyers, the ensuing internal pressure triggered the heart failure that finally resulted in his death.
With the understanding that the hospital was not legally obligated to accept responsibility for the occurrence, New York Hospital resolved the wrongful death lawsuit with the Warhol estate for an unknown sum.
Hulk Hogan, a well-known figure in professional wrestling, sustained a catastrophic back injury in 2009 that jeopardized his career. He claims that he received contradictory advice from various professionals; some spine surgeons advised spinal surgery so that he could continue his job, whereas doctors at a Florida-based spine center claimed that spinal surgery would effectively put an end to his career.
Hogan allegedly underwent several endoscopic procedures that made his already unstable back even more unstable. He sued multiple doctors and clinics, including the spine center and a surgery facility, for medical malpractice, demanding $50 million in the lost present and future earnings.
Hogan eventually had the surgery, but the malpractice case was never settled, most likely because of Hogan’s other legal issues, which happened in 2012. Included is his famed legal dispute for defamation with Gawker when the website published an explicit video of Hogan without his permission. He settled the lawsuit for $31 million with Gawker, which led to the website’s bankruptcy and sale to another business.
How can Attorney Juana Rojas help?
Attorney Juana Rojas is an expert and has extensive experience in complex litigation, toxic torts, serious accidents, and medical malpractice. Contact Rojas Law Group today for a free consultation.