Judge Says Plaintiff Not Likely to Acquire Cancer from Procedure, But Awards Millions in Damages
Cleveland, OH (Law Firm Newswire) January 23, 2013 – There are some medical malpractice cases that have an unusual outcome. This is one of them.
“It’s not often a patient is awarded damages for maybe being a victim of medical malpractice. This case was quite unusual, and the chances of it happening again are likely questionable, but cannot be completely ruled out,” indicated Christopher Mellino, a Cleveland medical malpractice lawyer.
The story begins with a 70-year-old U.S. Air Force vet and his wife, who sued the U.S. government for medical malpractice. It seems that the veteran and his wife, sought damages of $30 million after alleging he came down with Hepatitis C, as a result of a colonoscopy conducted with less-than-sterile equipment. The procedure was done at a local VA hospital.
“The outcome of the trial was that the couple was awarded $1.25 million for their medical malpractice lawsuit,” said Mellino. “And there may be more cases to follow across the nation, as over 11,000 veterans had colonoscopies using equipment that had not been cleaned properly during a five year period in various VA facilities.”
Even though an expert medical witness, specializing in internal medicine, suggested at trial that there was a zero percent chance of the plaintiff acquiring hepatitis as a result of the colonoscopy, the judge ruled that the plaintiff could well be that one person in a large group who did get the virus, even though he had no other risk factors.
“Medical malpractice cases can certainly be unpredictable, as most of them are based on opinions of medical experts. The one thing to remember though, if you have been a victim of medical negligence, is that the results speak for themselves. Not all cases are like this one, and in others, the causal relationship between a medical error and a bad outcome is relatively clear. Someone then needs to be held accountable for their mistake,” Mellino added.
For individuals that feel they have been a victim of medical negligence, take the time to consult with an experienced medical malpractice lawyer. They understand the courts, the terminology, and know how to navigate the system to ensure a client gets justice.
Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901
- Ohio Woman Awarded $1.2 Million in Perforated Bowel Lawsuit
A Hamilton County resident and her husband have been awarded a total of $1.2 million in a medical malpractice lawsuit that could have been avoided if her doctor had diagnosed and treated her perforated bowel sooner, per Cincinnati.com September 11, 2014. In 2009, the woman sought treatment for stomach pain. After undergoing two partial hysterectomies, her pain persisted. According to her medical malpractice attorney, her doctor neglected to order a CT scan until she was critically ill with acute respiratory distress syndrome. She now has 80 percent lung capacity and walks with a walker. A Perforated Bowel Can Cause Septic […]
- Surgeon Admits Mistake, Hospital Insurer Denies It
Last summer, a 74-year-old woman fell and broke several vertebrae due to osteoporosis. She underwent spinal fusion surgery but started suffering leg spasms, according to bostonglobe.com. “A doctor recommended she have a pump stitched underneath her skin to get calming medication directly to her spine, and out to her muscles, faster — often a two-hour outpatient procedure,” the August 31, 2014, article stated. “In the operating room [months later], the neurosurgeon requested a special dye to test the location of tubing that had been threaded into her spine. But the pharmacy didn’t have it and provided a different one.” The […]
- Family Files Lawsuit After Camera Catches Home Healthcare Aide Abusing Stroke Victim
Two home healthcare aides working for the same company abused a 78-year-old, 115-pound stroke victim, according to an NBC News affiliate August 21, 2014. His family installed surveillance cameras after he told them about the first aide abusing him. In April, his wife checked the camera footage, called police, and filed a lawsuit against Personal-Touch Home Care after coming home one day to a bruised, depressed, and frightened husband. Video footage revealed that he’d been grabbed, slapped, and force-fed. “No one should be treated like that,” the family’s elder abuse attorney said. “This company is supposed to be sending trained […]
See other news sources publishing this article. BETA | Tags: Cleveland medical malpractice, Cleveland medical malpractice lawyer, Cleveland whistleblower lawyer, Personal Injury Law Cleveland malpractice lawyer