Chico Personal Injury Lawyer - Medical Malpractice

Child Wins Damages in Medical Malpractice Lawsuit

Chrissie Cole — Thu, 05 Jul 2007 23:33:50 GMT

A jury has awarded $96 million in future damages in a medical malpractice case of a child who developed a rare neurological disorder that was caused by untreated jaundice after his birth four years ago at Verdugo Hills Hospital.

The current award value is $15 million, but it expected to reach $96 million over the course of medical care for the boy throughout his lifetime. Making it one of the largest jury awards in recent California court history.

The child was born in 2003 at Verdugo Hills Hospital under the care of Dr. Steven Wayne Nishibayashi, also a listed defendant in the case.

According to the lawsuit, Aidan exhibited several risk factors for kernicterus, a neurological disorder that can cause mental retardation, cerebral palsy and hearing loss, when he developed jaundice shortly after birth. The jaundice was a sign of the buildup of bilirubin, a yellow bile pigment, produced in greater quantities than a baby's liver can excrete.

The hospital and the doctor, the plaintiff's attorneys argued, should have been alert to that possibility and given him appropriate medical treatment to reduce the bilirubin buildup.

Shortly after his birth, his parents were concerned about his condition, but they were told the jaundice would go away by itself. The doctor and hospital gave the parents a pamphlet and told them jaundice was not a serious medical risk. However, the child ended up in the emergency room of another hospital where two blood transfusions failed.

California caps medical malpractice awards at $250,000. At this time it is unclear how the limit will affect Monday's award judgment.

Originally posted at InjuryBoard by Chrissie Cole

Skin Cancer Medical Malpractice Lawsuit Settled for $5.7 Million

Christina Cole — Wed, 23 May 2007 17:07:29 GMT

A bedridden man who filed a medical malpractice lawsuit against his doctor claiming he failed to diagnose his skin cancer was awarded $5.7million in damages by a Suerpior Court jury.

The verdict is the largest medical malpractice award in California so far this year. But, the award will be cut down to $1.9 million under a state statute that limits damages in malpractice lawsuits.

The man claims his Dermatologist failed to biopsy a cyst that later mastasized to cancer. His family has a history of suffering from skin cancer.

The award included $3 million in general damages for his wife to compensate for the negative impact on the couple's marriage. He won another $1.6 million for his own mental pain and suffering and $1.1 million for lost income.

He has undergone several surgeries to remove the cancer and is now confined to his home where he receives 24-hour care.

Originally posted at InjuryBoard by Christina Cole

Federal Malpractice Award Cap Legislation

Christina Cole — Sun, 11 Feb 2007 21:11:58 GMT

The Medical Care Access Protection (MCAP) Act of 2007 has been recently been introduced. The Act would set a cap on non-economic damages in medical malpractice lawsuits.

"Medical liability reform works, and it's turning the tide against frivolous lawsuits and outrageous jury awards," said Ensign, who is a veterinarian. "We've seen it in California, in Texas and in my home state of Nevada, where the number of medical malpractice lawsuits has decreased drastically. It's been a crisis driving doctors out of business for too long. It's time to protect patients across the country and ensure access to quality health care."

The MCAP Act would allow for setting caps on non-economic damages while at the same time allowing unlimited economic damages. Under the bill, a patient would be able to recover up to $250,000 from a healthcare provider and up to two healthcare institutions each for a total of $750,000.

Therefore there would be no limits on economic damages that could possibly be incurred over the duration of ones' lifetime such as the loss of employment and future earnings.

Additionally the bill would place limits on lawyer fees and includes an expert witness provision to ensure relevant medical experts would serve as trial witnesses instead of "professional witnesses."

"So long as there are women in this country who fear giving birth in their cars before they make it to a hospital because their local obstetrician couldn't afford liability insurance, we have a crisis," said Ensign. "Obstetrics is just one area in which doctors have been driven out by ridiculous medical liability costs. We must take control of this system and put the priority on the patients and their access to health care."
This legislation is modeled after medical liability reform enacted in Texas in 2003.

Originally posted at InjuryBoard by Christina Cole

Medical Group Hires Firm to Review Medical Malpractice Rates

Christina Cole — Tue, 19 Dec 2006 22:29:59 GMT

The Florida Medical Association has hired a firm to review medical malpractice insurance rates that a state consumer advocate has accused as being too expensive.

The South Carolina firm, Bartlett Actuarial Group, was asked to review the finding of the consumer advocate, according to the Medical Association. "We are obviously worried about the rates," said Lisette Mariner, spokeswoman for the association.

The State Office of Insurance Regulation plans to have an informal hearing on medical malpractice insurance rates due to concerns raised by the consumer advocate. A date for the hearing is forthcoming.

Payouts in medical malpractice cases have dropped dramatically since 2003, when the Florida Legislature tried to solve Florida's medical malpractice crisis by curbing jury awards to patients for pain and suffering, but the premiums doctors pay haven't.
The consumer advocate's analysis found that premiums in Brevard County for three common specialties -- family practice, obstetrics and internal medicine -- could have received rate decreases of 28.6 percent to 50.8 percent.

Originally posted at InjuryBoard by Christina Cole