Cleveland Medical Malpractice Lawyer Says Settlements Often Show Severity of Malpractice Suits
Cleveland, OH (Law Firm Newswire) December 13, 2011 - Despite a medical malpractice cap in some states, damages may still reach millions in other categories. This case is a prime example.
“This reported case shows why medical malpractice lawsuits may receive extremely high settlement awards. It has to do with the facts of each case, and this case is just horrendous,” remarked Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of The Mellino Law Firm LLC, in Ohio.
In this story, a young girl waited more than five hours for treatment for an infection and in the end had parts of all four limbs amputated. The settlement agreed to by the hospital and various ER staff was $10 million, certainly a large award, but considering the nature of the case, not one that is out of line. The little girl was in the hospital for more than three months, and continues to receive physiotherapy and occupational therapy. This requires expensive medications, custom prosthetics, special garments to cover her limbs, and wheelchairs for as long as she lives.
The toddler was two-years-old when her mom and dad took her to their nearest emergency room. She had a persistent fever, weakness and skin discoloration. The parents continually asked for medical attention, as the child’s medical condition worsened. Five hours later, they were seen by a doctor who sent the toddler to another hospital. She was diagnosed with Streptococcus A, which had gone into on her organs and taken over her bloodstream. Her feet, left hand and a part of her right hand were amputated to save her life.
Once the doctors were sued, they stated the infection may have been the result of unusual genetics and that they were doubtful whether any quicker response would have saved her from undergoing amputation. The plaintiff’s lawyer certainly did not see it that way and it was likely a court would not have either, hence an out of court settlement was deemed to be in the best interests of the child.
Some of the settlement money will be used to pay expenses racked up by the state’s health care plan for the poor, the attorney and ensuring the child gets the therapy and medical care she will need for the duration of her life. While the state where this case was settled has a $250,000 cap on pain and suffering, settlements and jury verdicts may range into the millions when other types of damages are taken into consideration.
“While the family did get a settlement, it is not over. It never will be. The little girl will need constant care around the clock. This, and so many other reasons, is why capping damages is a very bad idea,” added Mellino. “If you feel you have been a victim of medical malpractice, please call my office. We are here to help you get the justice you deserve.”
Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901
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