When a mistake is made during a surgical procedure, patients are often unaware of the error until after the surgery is complete and they are recovering. By then, much of the damage may have already been done. This can be a devastating realization for patients and their families, but it is important for them to know that they have the right to take legal action in the event that a surgical error has resulted in damages.
Generally speaking, more serious mistakes often result in more serious levels of damage. And when patients have suffered significantly because of a surgical error and will have to continue to live with the damage for the rest of their lives, the compensation they may be eligible to receive can be substantial. For example, one woman was recently awarded $30 million after a surgical procedure left her without the ability to talk.
According to reports, the woman was originally having surgery to remove some polyps from her vocal cords. During the operation, however, a series of dangerous conditions combined and resulted in a fire starting in the woman’s throat. A quality medical director familiar with the case stated that there were three things that needed to be in place for the fire to start during the operation, and unfortunately, they were all in place. The laser used during the operation ignited the tube in the woman’s throat, and oxygen gave that ignition what it needed to become a fire.
The woman is now unable to speak and has required several surgeries since the original procedure. She is able to swallow but needs help with breathing. Her medical care needs have increased dramatically and are continued to do so for several years. A jury recently heard her malpractice case and awarded the woman $18 million for damages. The hospital at which the surgical mistake was made also agreed to pay the 55-year-old woman $12 million.
This case is a strong example of how a victim of medical malpractice can pursue legal responsibility and compensation after hospital negligence or medical errors. And while there is no amount of money that can undo a devastating incident like this one, financial compensation can help victims get the care they need as a result of a mistake.
Source: The Wenatchee World, “Botched surgery will cost hospital,” K.C. Mehaffey, Dec. 6, 2013
