Doctor Gets Away With Murder by Paying $250,000

By Allen Flatt Ballidis & Leslie on February 4, 2010

I continue to write about medical malpractice limitations on damages because of such tragedy that has unfolded as in the example I write about today. A young woman had fallen unexplainably, and had a small cut on her forehead. Because she had fallen without explanation, she went to the emergency room. At the emergency room, she was asked to give a urine sample. Then on her way to the bathroom she fell again. This time, nurses thought she was having a seizure and and did nothing as she laid on the floor for more than a minute. Finally, when a nurse realized that she actually was not breathing, CPR was started and she was moved into an emergency room unit to address her condition.

During the ensuing hour, she was revived through the use of a defibrillator and vasorestrictors. Unfortunately, the defibrillator was not used properly and she developed severe blisters and burns on her feet and legs.  Instead of moving her to another hospital able to care for her burns and serious injury from the defibrillator, the doctor, wanting to keep the case for his billing I imagine, kept her at this inferior hospital.  As she was treated over the next three weeks, she contracted MARSA from unclean room conditions, a destructive infectious bug that cannot be easily controlled (the room was torn out later in care and mold was found behind the walls and in the flooring).

Despite demands of her family that she be moved to a facility that could protect and treat her, that had a barometric chamber to keep her in a clean environment and help her heal from a simple E/R visit, the doctor adamantly refused, continuing to treat her ineffectively. She eventually had to have both legs amputated below the knee, and then subsequently above the knee. Finally, after t was apparent to everyone that her condition could not be treated at this facility, she was transferred to another hospital, but died within 24 hours.  The other hospital admitting physician said he had never seen a transfer in such bad condition and reported to the state health agencies.  An investigation is pending, but will find fault.

Because she was 20 years old and died as a result of this incident, the damages that she is able to collect for the loss of her life is limited to $250,000. MICRA, or the limitation on damages act for doctors should be revoked or repealed. Yet in a speech by our Governor, he suggests we adopt this policy on all cases of injury.  What a shame, corporations run the world and your life and with impunity.  More economic loss for such callous behavior would make doctors toe the same line you and I must do when driving a car.  This, doctors would be of a higher standard when they’re caring for us and our family if it was something that could financially hurt high paid doctors.