Many times, we may not realize the extent that medical malpractice may
have on an individual and his or her family and friends. The injuries
a patient suffers seem ambiguous and too far removed from the average
reader; it is when a truly heinous incident of medical malpractice happens
that we really understand the sheer life-altering effects medical malpractice
can have on someone.
In this case, a former student of Ohio University says she lost her right
arm, shoulder and shoulder blade because of the university hospital’s
medical negligence. In 2007, the young woman had gone to the Hudson Health
Center on the Ohio University campus because her arm was painful. It was
not until she left the Health Center and was taken to the emergency room
at the O’Bleness Memorial Hospital that she was diagnosed with flesh-eating bacteria.
Unfortunately for the young woman, there are certain laws that are standing
in her way to collect against the university. Ohio law does not allow
a victim of medical malpractice to seek punitive damages against a university,
which means that she cannot get any extra money because of the extremely
serious nature of the negligence and miscalculations made by university
staff. Rather, she will be limited to funds to cover her medical bills,
her future medical costs and any decrease in the ability to make a living.
But even that could have a maximum limit.
So, in addition to her lawsuit against the university hospital, she has
also filed a lawsuit in the Franklin County Common Pleas Court, arguing
that the laws that would limit her access to punitive damages and noneconomic
damages are unconstitutional. As she now has to live without her right
arm and right shoulder because of medical negligence, she may have a compelling
case to have her medical malpractice lawsuit heard by a jury.