A patient was awarded $2.6 million in damages after a surgery left her leg disfigured and unusable. The patient was undergoing a cardiac catheterization procedure in 2012 which required the doctor to run a catheter through the patient’s leg and into her coronary arteries. This process is used to diagnose issues with a patient’s heart.
According to the lawsuit, the doctor negligently performed the procedure, leaving a polymer in one of the plaintiff’s arteries. The plaintiff subsequently began experiencing intense pain in her right calf that got increasingly worse over time. Despite repeated calls to her doctor, she was never told to come in for a follow-up visit. After three days of excruciating pain, the patient went to the emergency room where they found a “small amount of glistening material” in the patient’s artery. This resulted in the blockage of the artery, or “occlusion.” Her ER doctor made two attempts to restore blood flow through the artery but was unsuccessful.
The woman now has a foot drop that needs to be managed with special orthotics to alleviate some of the pain when walking. She suffered greatly diminished strength in her leg as well as deformity. Her leg is constantly swollen and her ability to complete activities of daily living are also diminished.
Analyzing the verdict
A lawsuit was filed against the doctor who performed the surgery, another doctor, and the maker of the catheter device used during the surgery. However, two of the parties were dropped from the case until only the doctor who performed the surgery remained. The doctor was alleged to have deviated from the prevailing standard of care by leaving the foreign material in the patient’s artery. As a result of the surgery, the plaintiff lost much of the use of her right leg. A jury determined that the doctor was responsible for her leg injury.
In a case like this, the defense can claim that the doctor did not deviate from the prevailing standard of care and that the medical device used to treat the patient was responsible for her injury. In this case, the medical device company was dropped from the lawsuit, and the plaintiff targeted the doctor’s care as opposed to the medical device. The plaintiff was awarded $2.6 million for her injuries and decreased quality of life.
In medical malpractice lawsuits, a plaintiff can sue for damages related to their lost income, medical expenses, and pain and suffering damages. Decreased quality of life falls under pain and suffering damages. The plaintiff now has to wear an orthotic device to ensure that she can move around without pain. She likely still feels some pain as a result of the procedure and will never have the full use of her leg again, so these are permanent injuries that she suffered as a result of the botched surgical procedure.
Talk to a Tampa, FL Medical Malpractice Lawyer Today
If you have been injured by a negligent surgical procedure, call the Tampa medical malpractice attorneys at Palmer | Lopez today. We can help you file a lawsuit against the doctor who performed the procedure and recover damages related to your medical expenses, lost wages, and reduced quality of life. Call today to learn more.
Source:
wane.com/news/courts-jury-awards-fort-wayne-woman-2-6-million-in-medical-malpractice-suit/
