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Articles Tagged with medical malpractice

The United States Government will pay $42 million to the parents of a young child who suffered a permanent brain injury, resulting from improper use of forceps during his delivery.  After a six day trial in Federal Court in Harrisburg, Pennsylvania, the verdict for $42 million was rendered by U.S. District Court Judge Sylvia Rambo.  The parents sued the Federal Government in a malpractice claim involving an Ob/Gyn physician, who was employed at a federal facility.  The lawsuit claimed that the doctor improperly used forceps on the baby’s head during the delivery, which caused skull fractures and bleeding on the brain that resulted in permanent brain damage.  Evidence presented during trial showed that the now five year old boy cannot speak, read or write and eventually will require a motorized wheelchair to get around.

This was what is known as a Federal Tort Claims Act (FTCA) case.  The FTCA is a federal statute that allows private parties to sue the United States in Federal Court for torts committed by persons acting on behalf of the Government.  For example, if a doctor or nurse employed by a Veterans Administration hospital or a hospital on a military base commits malpractice, the patient would need to bring a medical malpractice claim under the FTCA.  Other examples of potential negligence claims against the Government include someone injured in an auto accident involving a Government owned vehicle, and someone injured due to a fall caused by negligent maintenance in a post office or other Government-owned facility.

Suing the Government under the FTCA is different than suing a private company or individual.  There are a number of hoops that you have to jump through before you can even file the lawsuit. There are also certain limitations in lawsuits against the Government that you don’t have in lawsuits against private parties.  While you are entitled to a trial under the FTCA, it is a “bench trial,” meaning the judge renders the decision and not a jury.  Fortunately for the victims in the above-referenced malpractice case, the judge recognized the serious and permanent nature of the child’s injuries and the extraordinary expenses that would be required to provide for the child’s future medical and life care needs.

All of us have been taught the importance of being personally responsible and accountable for our actions. This week, the U.S. House of Representatives will vote on Bills that will make it more difficult, if not impossible, for citizens harmed by the wrongdoing of others to seek justice in our nation’s courts. Congress is proposing legislation that will make lawsuits brought by injured patients, nursing home residents, and their families nearly impossible to pursue. This so-called “Protecting Access to Care Act of 2017” (Bill H.R. 1215) will rig the system against individuals and tip the scales in favor of doctors, hospitals, nursing homes and their insurance companies. These bills seek to prevent medical care providers who commit negligence from being held accountable for the injuries and damages they cause. Instead of protecting our most vulnerable citizens, such as nursing home residents, Congress is attempting to enact laws that will benefit only the corporations that run nursing homes and the companies that insure them.

Unfortunately, certain politicians, who are supported in large part by corporations and insurance companies, are proposing these laws that are designed to destroy your right to hold wrongdoers accountable for their negligent acts and omissions.  If passed, the Bills proposed will radically change existing laws and radically limit citizens’ access to courts.  The proposed Bills include the following:

  1. A law designed to protect doctors, hospitals, nursing homes, and medical device manufacturers by limiting compensation for injuries caused by their negligence to $250,000, regardless of how egregious their conduct was or how much the injury has devastated a victim’s life.