Army vet wins appeal in medical malpractice case

Friday March 18, 2016

Free medical care is one benefit for which many of our nation’s veterans qualify, especially those who have been injured in the line of duty. In a recent ruling by the 2nd U.S. Circuit Court of Appeals, a vet who sued the Syracuse VA Medical Center in Connecticut’s neighboring state of New York for malpractice won’t have his award lowered simply because he is eligible for free medical care at a Veterans Administration facility.

The vet has surgery done in 2004 in order to treat the numbness, weakness and tingling he felt in his left arm. The care he received left him a quadriplegic. In August 2014, a judge awarded the man $4.4 million, but only after he reduced the original award by $1.2 million. That the dollar amount the judge figured the medical care from the VA was worth.

The man testified at trial that his pain level is between seven and 10 on a pain scale of one to 10. He received $2 million for past pain and suffering and future pain and suffering. The appeals court, though, couldn’t find any case that supported the lower court’s conclusion that an award for pain and suffering should be between $500,000 and $1.5 million.

The attorney for the veteran said his client “had no choice but to go to the VA for free medical care” since he had the surgery there over 12 years ago.

If you have been the victim of a medical malpractice, you should know that you have a right to seek compensation for medical expenses, pain and suffering, loss of wages and much more. An experienced medical malpractice lawyer can provide you with more information on how to pursue compensation.

Source: ctpost.com, “Court: Man left quadriplegic by VA malpractice wins appeal,” Larry Neumeister, AP, March 04, 2016

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