The plaintiff in this reported case sued for $15 million in punitive damages and $75,000 in compensatory damages for the wrongful death of her husband.
This case was ultimately settled out of court, a sign that usually means the defendants just want the suit to go away and stop causing them trouble. Often, this also means the plaintiff has a good case and the other side realizes it. In this case, the plaintiff’s husband was hospitalized in September 2005 for a cardiac catheterization and percutaneous cardiology intervention.
Of note is the fact that evidence in this case indicated the hospital appeared to be allowing elective percutaneous cardiology intervention without cardio-thoracic surgical coverage or availability. At this point, you may well wonder what they were thinking of offering a high-risk surgical procedure like that without the proper staff or equipment.
The hospital also failed to have a transfer medi-vac helicopter with a balloon pump on board for patients like the plaintiff’s husband. The lawsuit stated that if the hospital had not fraudulently misrepresented their capabilities to treat her husband, he would still be alive. His surgery proceeded without the proper staff and equipment and subsequently there were unforeseen complications; complications no one could deal with as there was no cardio-thoracic surgeon around.
The plaintiff was in excruciating, permanent pain, was disabled, had enormous medical bills and was unable to perform his usual daily chores, attend to his affairs or carry out other duties. His quality of life, what was left of it, was awful and his family suffered with him as they watched him struggle to deal with his situation.
Medical malpractice? Yes, most definitely and egregious as well. What hospital in their right minds would say they could perform a surgery for this type of risky procedure when they did not have the staff or proper equipment? It is not much wonder the defense made a settlement offer to deal with this case. If they had gone to court, the chances are the plaintiff would have been won a fairly high jury award.
Have you been the victim of medical malpractice? Did you have a similar experience and are suffering because of a medical professional’s negligence? It is time to make a phone call to a skilled Manchester medical malpractice lawyer.
Medical malpractice cases need an experienced Manchester medical malpractice attorney taking them to court. He knows what to do, when to do it and what the outcome should be in cases like this. In the state of New Hampshire, there are no punitive damages when a case like this goes to court. However, a case with these kinds of facts would most certainly be in line for a large compensatory verdict.
Keep one thing in mind. Not all bad medical outcomes are necessarily classified as medical malpractice. This is why it is best to discuss your potential case with a Manchester medical malpractice personal injury lawyer. Know your rights – the quality of your life may depend on it.
Charlie Donahue is a New Hampshire personal injury lawyer and handles injury cases across the United States. To learn more about New Hampshire injury attorney Charlie Donahue, visit Donahuelawfirm.com.
