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
- Risks Associated with da Vinci Surgical Systems: What Patients and Their Families Need to Know
As medical technology advances, more and more hospitals, physicians and surgeons are hopeful that robotic equipment and assisted procedures will reduce errors, relieve exhausted physicians and ensure better outcomes for people who need safe care. Over the past decade, robot-assisted surgery has exploded in popularity in American hospitals and other care-giving institutions. From 2007 to […]
- The Bad Doctors’ Loophole
The state of New York has an odd legal loophole that has allowed doctors who make big mistakes in medical practice to do so without the same accountability as they have in other states. Thanks to the wording of a specific code section in New York’s state laws, the time period in which a patient […]
- 4 Common Causes of Anesthesia Injury Cases
Perhaps you lost a spouse while he was undergoing a surgery under anesthesia at your local hospital; you’re wondering whether careless or negligent care might have been to blame. Or maybe you woke up during a recent dental procedure or surgery and experienced terrible pain, which traumatized you. Or maybe anesthesia caused a terrible allergic […]
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