A buck doesn’t buy a lot anymore. Take a look at some of the verdicts below.
I am not commenting on whether or not there was negligence. Assume for the moment doctors were negligent in each case. The damages are astounding. Remember that most doctors have $1M in liability coverage.
Of course, if the doctor asks the carrier to settle for policy limits and the carrier wants to take the case to trial, the carrier is gambling with its own money. But, if the carrier wants to settle, and you want to roll the dice, the carrier can write the check for $1M and you’re on the hook for the rest if you lose big.
The recent trend has been for higher jury verdicts. Sobering indeed.
$120 million
Martin v. NYCHH et al.
May 2012
Jacqueline Martin, who had a rare skin disorder, was brain damaged after physicians at three New York hospitals allegedly failed to diagnosis the condition. Her family won the verdict against the three medical centers and a neurologist.
$78.5 million
Nicholson-Upsey v. Touey
May 2012
Victoria Upsey claimed that physicians at Memorial Medical Center in Pottstown, Pa., used antiquated equipment that failed to detect her unborn son’s heartbeat. She said the equipment led to an 81-minute delay in delivering the baby, who is now a quadriplegic and requires lifelong care.
$74 million
Blunt v. Haupt
April 2012
A jury awarded the verdict against a California obstetrician-gynecologist accused of liability in the delivery of Sofia Blunt. The child experienced brain damage after being born and requires lifelong care. The Blunts said the doctor failed to hasten the baby’s birth, leading to oxygen deprivation.
$10 million
Mulkerin v. Cho
April 2012
Medina General Hospital in Ohio was found liable after clinicians allegedly severed Holly Mulkerin’s artery during a cardiac cauterization. She had a heart attack after the procedure.
$178 million
George Clay Chandler v. Memorial Hospital Jacksonville, et al.
January 2012
Former police officer Clay Chandler and his family were awarded the sum against Memorial Hospital Jacksonville in Florida. They alleged the hospital improperly treated Chandler after he experienced severe complications from gastric bypass surgery. The family settled out of court with the physician involved.
$144 million
VanSlembrouck v. William Beaumont Hospital
October 2011
Kimberly VanSlembrouck was awarded the sum after alleging the Michigan hospital and its physicians improperly delivered her baby. The girl fractured a clavicle in the birth canal and experienced severe brain trauma. Reduced to $41.6 million.
$58.6 million
D’Attilo v. Viscarello
May 2011
Dominic and Cathy D’Attilo won the case against an Stamford, Conn., obstetrician and his practice after the physician allegedly waited too long to perform a cesarean section on their son. The boy is now brain damaged.
Source: http://www.ama-assn.org/amednews/2012/07/16/prsa0716.htm – referencing court records, attorneys
Why would any one be shocked? We are currently forced to co-exist with subhuman looters and sophists that unfortunately live and vote amongst us.
Couple notes:
1) 4 of the 7 cases here were bad baby suits. Interesting. Maybe these are the ones that are most prone to gynormous settlements? Have y’all looked that those stats?
2) $178 MM settlement with the doc???? Yowza!
JH
[Are comments here privileged? Is this a secure place to make them?]
So trend seems to be bigger suits and less pay? Where will this end at?
These cases illustrate what is wrong with the tort system. All are unfortunate cases but did the doctor deliberately cause the damages alleged in any of them? I think not. These are examples of “the truth does not matter” in the courts. Malpractice trials are not about the truth. They are about showmanship. The winner is he who puts on the best show. I don’t think the founding fathers ever intended for the system to evolve into what it has now become. Frankly, why would any physician put his life savings on the line by delivering a baby? In the end the public will suffer and the lawyers will laugh all the way to the bank. The answer is to shut the system down until we as physicians get our way. In the meantime, don’t take care of lawyers and their families…..
Attorneys are at the helm. They are making more and more dollars and better able to grease pockets of Policy makers creating a more favorable legal system for them. Solution???? Does anyone have one??
If you are a 1099 corporation and your income is mostly based on your credentials and by fate you are named in a domestic violenc injunction that had no foundation, knowing that your job opportunities and income will be limited and greatly affected because of a negative background check can a judge order you you to work and produce as before.? If so can you add the judge on your malpractice policy that in the event his court order places you at risk and you are sued ,he too becomes as responsible and is as liable for your actions as you are?
Why would anyone deliver children in non-tort reform states? Perhaps when the public has to travel hundred of miles to get OB care and there are no OBs left to delivery children maybe then things will start to change. Or better yet let the litigators deliver their own kids.
Our legal system is badly broken and its the lawyers who are making the rules about the protocols and most importantly how much they make. America is a great country but it is being and will continue to be dragged down by the legal system that is set up to make lawyers and their firms very very rich.
Obamacare has it both ways: more uninsured, no tort reform. This, in turn will hasten universal healthcare. This will be a distant second to the “alternative tax”. Businesses will opt for the cheaper tax rather than insuring their workers. Workers will opt for the tax because buying insurance is more expensive due to employers opting out. This will in turn encourage the medical lottery of lawsuits, and so on….
What is the single most common cause of death the world over?
LIFE!!!!!
Yes, the most common cause of death is life – and it’s inherited as autosomal dominant with complete penetrance.
Im discusted at the fact no one sees that these babies were damaged and there familes can go bankrupt trying to pay for the needs and medical care….maybe doctor s need to be up to daye and know wht they are doing in most cases the doctor has a track record so why are we allowing them tostill practice?