The Star Tribune has reported that a husband and wife will be receiving $9 million, resulting from a medical malpractice lawsuit, due to a physician that failed to fully diagnose the man's injuries following a truck accident almost three years ago.
L.P., formerly an oil-field worker in Montana, won the jury verdict in federal court - which found both the physician in charge of his care during an emergency room visit, and the Campbell County Memorial Hospital, responsible for his lingering medical issues.
Tom Metier, L.P.'s attorney, said that the award is possibly the largest in Wyoming history for medical malpractice verdicts. The highest award made in the state before this one was noticeably less: $1.5 million.
The accident occurred on December 9, 2008. L.P., while driving a truck for his employer, Conquest Energies Co., encountered an icy road that caused his vehicle to rollover several times. The truck came to a final stop - on its top.
Emergency personnel that arrived on the scene transported L.P. to the Gillette hospital for chief complaints of neck and shoulder pain. Upon his arrival, Dr. B.C. ordered x-rays and CT scans of his head, face and spine, but, per the lawsuit, failed to order an x-ray of L.P.'s neck before he discharged him that same day.
L.P. went to a co-worker's home to recuperate. Four days later, on December 13, L.P. was awakened by pain - in his neck, left shoulder and weakness in his arm - that prompted him to return to the emergency room a second time.
New tests showed that L.P. had a broken neck - for which he had surgery to ease his condition that same day.
The suit claims that the damage was done well before the surgery could correct it. The surgery only prevented the injury to escalate beyond the nerve damage he had already sustained. The doctor, and the hospital, were named for their negligence.
Defense attorneys attempted to argue that the pain and limited movement were not due to the accident, but due to a pre-existing condition: L.P. already had a shoulder injury before 2008.
The jury, in agreeing with L.P.'s claims, awarded him $7 million, with an additional $2 million awarded to his wife - for loss of consortium and for the harm the series of events had taken on their marriage.
Metier has claimed, as recently as November 7, that his client continues to suffer with pain, is unable to work and will be needing further surgery. He feels that the award will serve to warn hospitals and physicians to review how they have been practicing.
Diana Rhodes, the president of the Wyoming Trial Lawyers Association, said, "The message that jury was sending is Wyoming citizens will not accept medical care below standards."
Did you suffer more pain, or residual pain, after seeking care by a physician? If your symptoms worsened you may have grounds for a lawsuit. You should contact a medical malpractice attorney as soon as possible!