California residents, like those in other states, have the right to medical care of an acceptable standard. This means that no one should be worse off after medical treatment than what they were before. Unfortunately, many medical malpractice lawsuits result from such circumstances.
In the conclusion of a recent lawsuit in another state, a jury awarded $90,000 to a man who claimed the amputation of his leg could have been prevented with proper medical care. Court documents indicated that the man reported to the hospital in Jan. 2012 with severe lower left leg pain. After initial treatment in the emergency room, a surgical procedure followed.
However, post-surgical complications led to the amputation of the part of his leg below the knee. The amputation was performed in March 2012. Although the facility and personnel of the emergency facility were named as defendants, the 7-member jury found only the surgeon and his establishment at fault. Damages for loss of consortium that were claimed by the plaintiff’s wife were also denied.
As in this case, California victims of medical malpractice may pursue financial relief for financial and emotional damages. This victim was awarded $45,000 for past and future loss of full mind and body, along with $45,000 for past and future pain and suffering. For a successful medical malpractice lawsuit, the evidence as required by the court for such cases will have to be established. Obtaining appropriate evidence from medical facilities may best be left to an experienced medical malpractice attorney who likely has the resources to obtain and analyze the information upon which a strong case can be built.
Source: omaha.com, “Man who had leg amputed awarded $90,000 in malpractice suit“, Jan. 15, 2016