Mom Wins $62M After Losing Legs in Medical Malpractice Case
Posted on Jan 15, 2014 1:35pm PST
A mom from Brooklyn went into surgery planning to emerge from the hospital room with a completed laparoscopic procedure. She had an ectopic pregnancy and had to get the fetus removed. The gynecological operation went terribly wrong when the surgeon accidentally punctured the patient's colon. The woman lapsed into a coma not long after the surgery, and remained unconscious for three weeks. When she awoke, she did not have legs.
According to reports, the punctured colon caused infection and this then turned into blood poisoning. Because this was not treated promptly, the blood poisoning manifested itself in the form of gangrene and this illness spread throughout the patient's lower legs. The only way to save the woman from death was to amputate both of her legs below the knee. She was traumatized when she woke up to discover that she was immobile. The patient has since been outfitted with prosthetics, but she claims that she still is not able to care for her 10-year-old daughter the way that she was able to prior to the surgery.
The mother sought compensation from the hospital for their negligence during surgery which led to such tragic complications. The patient has since moved in with her godmother, who helps her to care for the 10-year-old girl. She claims that while she is able to walk on prosthetics it is painful to do so and she has to rest frequently. The mother also claims that she is partially deaf in one ear due to a repercussion of the blood poisoning.
The woman filed a lawsuit which went to trial for 12 weeks in Brooklyn. The woman was awarded $58M in pain and suffering damages, and another $4M in special damages after the accident. The woman is grateful that she has the money to now provide a comfortable life for herself and her daughter, but she is still devastated at the loss of her legs.
If you suffer from a post-operative infection, then you certainly have the right to seek compensation from the hospital or surgeon that caused the injuries. Oftentimes prior to surgery patients are required to sign paperwork acknowledging that they are aware of the potential risks and the chance of infection. Yet if you can prove that the infection could have been easily avoided if it wasn't for the hospital's negligence, then you may be able to seek compensation.
In most medical malpractice cases, individuals are required to prove that a competent doctor would have acted differently in the case that lead to the injury or infection. If another professional physician agrees that the surgeon was negligent and did not work to avoid infection for the patient, then that patient may have a legitimate lawsuit. For example, if the surgeon used unsterilized tools or failed ot wash his or her hands prior to operating, and this resulted in an infection, then the plaintiff may have a legitimate case.
Oftentimes, medical malpractice cases arise when a patient suffers on of the following infections post-surgery:
- Respiratory Infections
- Viral Infections
- Urinary Tract Infections
- Necrotizing fasciitis
- Surgical Site Infections
- Blood Stream Infections
- Staph Infections
- Pneumonia
All of these infections may have been avoidable and therefore it is worth it to hire a medical malpractice attorney and investigate the case today. With the right local medical malpractice attorney on your side, you will be able to target expert witnesses and compile a legitimate case. Don't hesitate to call a recommended attorney on this website today to get more information! With the right lawyer on your side, you won't have to worry about a thing as your attorney fights for the settlement that you desire!