It took ten years to finally reach a resolution in their medical malpractice case, but last week, November 13th, a couple was awarded $6.7 million by a jury for injuries the husband sustained during surgery. They had originally filed back in December of 2003. The year before, in a hernia surgery that had lasted four hours, a surgeon is said to have cut through the man's intestine, perforating his small intestine. The surgeon was further accused of not treating the injury his error had caused. The man later suffered an abdominal infection, which left him hospitalized for nearly six months.
The couple had filed a claim against two different doctors, one of them being the surgeon in the case, the other the head of the intensive care unit. They also went after the hospital. The husband and wife lost their case against the intensive care unit head, whom the jury decided was not to blame. The hospital reached a settlement with the plaintiffs.
So the couple was left with their claim against the surgeon. According to their attorney, the surgeon was aware that he had cut the intestine, but he thought it had only nicked the surface. He still did not think there would be a leak, even when the patient grew more ill right after the surgery. The surgeon did not uncover his own misjudgment either, according to the claim, but had to have another doctor recommend that he look into whether or not the patient was suffering from infected intestines. The surgeon found that the patient's small intestine was indeed leaking. By then, a few days had passed.
The night of the operation, the patient suffered agonizing pain, which nothing could mask. The following morning, he already had a fever, high pulse, and both his white blood cell count and urinary output had decreased significantly. The next day, his organs were starting to shut down and he was put on a ventilator. It was not until two days later that the other doctor suggested the right diagnosis to the surgeon responsible, says the claim.
So the patient had to go through yet another round of surgery, and then was in the ICU, listed in critical condition. The pressure was so great due to the infection that the patient had to have his abdomen slit open over the course of a few days. Then he had to undergo three additional surgeries, says his attorney, and after being bedridden for months, he further suffered bed sores that reached to his back muscles. He was also left partially crippled due to a permanent bend in his legs. Even after two and half years in physical therapy, he still needs a wheelchair at times because of his partially immobilized legs.
That is just the extent of physical suffering and extensive medical bills. At 57-years-old, the patient was forced into retirement from the mill job he had enjoyed for more than three decades. His wife was also forced to quit her career in order to give full-time care to her husband. Their son even had to transplant his whole family from Texas to Alabama to help them out. And even at home, the plaintiff has lost the enjoyment of being able to garden his 12-acre property, and he can no longer construct the building and welding projects he used to enjoy. In the end, his wife was awarded $1.5 million, and he was awarded $5.2 million in light of all they had suffered from the surgeon's negligence.
If you think you might have a medical malpractice case, find out when you contact a medical malpractice lawyer today!