A couple from the Midwest has received an award for $25.3 million after
a jury decided that a woman lost her four limbs due to medical malpractice.
The 53-year-old woman, who is a mother of four, needed to have all her
limbs amputated after she suffered from a Strep infection. The infection
was left undetected by doctors and led to her suffering from septic shock.
The infection was so severe that she required multiple amputations. Fifteen
million dollars of the woman’s award relates to pain and suffering.
Another $1.5 million relates to her husband’s loss of consortium.
However, according to the law in Wisconsin — where the case was
litigated — awards relating to pain and suffering and other kinds
of non-financial damages must be limited to $750,000. It is therefore
expected that the defendant will ask the judge to lower any non-financial
damages to this amount.
Nevertheless, the injured couple’s attorney is hopeful that the case
will be an excellent candidate for challenging the current pay cap related
to medical malpractice claims in the state. The attorney feels that the
case could make its way all the way up to the state’s Supreme Court.
Some commentators on the case say that if the woman’s injuries had
occurred after a recent informed consent bill was passed in the state,
then she would have had a much more difficult – if not impossible
— time winning her suit. When medical malpractice occurs and an
Ohio resident suffers a serious injury because of it, that person may
have the ability to pursue claims for relief under the law. Those who
suffer a medical injury due to a doctor error or negligence may have to
endure a lifetime of suffering because of it. While no amount of money
could ever right such a wrong, compensation in successfully navigated
medical malpractice claims may include financial restitution for pain
and suffering, money for doctor’s bills and other damages relating
to the incident.