For the last several years, a now-76-year-old woman has been involved in a medical malpractice lawsuit against a physician and a multi-specialty physician group. Recently, the woman and her husband were awarded $6.3 million for past and future medical costs, past and future non-economic losses and loss of consortium.
The woman originally went to see the doctor in 2003, and it was determined that her cholesterol was high. She also had an MRI in 2003 after suffering from vertigo. The court papers stated the MRI showed that the woman suffered from small vessel ischemic disease, which is when the brain’s arteries have restricted blood flow. Her physician allegedly had his staff tell the woman that MRI results were all in the normal limits.
The woman’s cholesterol levels were still high the following year, and she was prescribed Lipitor. The drug did bring her cholesterol down. Toward the end of 2004, she was seen by the same doctor for garbled speech, dizziness, lightheadedness and headaches. The doctor rinsed her ears out after diagnosing her with impacted earwax. Almost a month later, the woman was seen at a medical center, diagnosed with having had a stroke and transferred to another hospital.
According to court filings, the defense said that the woman’s MRI was “unremarkable, showing only normal small vascular ischemic findings.” In addition, when the woman was transferred to the second hospital, her CAT scan was normal, according to the defense.
This is actually the second time the case was tried. In 2012, a retrial was ordered by the court because the defense counsel made an “unfair comment” when giving his closing arguments.
As you can see, medical malpractice cases are quite complex and can be time-consuming. It’s important to understand how your case will proceed through the court, who to name as defendants and what your damages may be worth. An experienced medical malpractice attorney can provide more information.
Source: The Legal Intelligencer, “Stroke Victim Gets Verdict for Allegedly Ignored Symptoms,” P.J. D’Annunzio, April. 07, 2015