The Stephen J. Knox Blog
Tuesday, November 24, 2009
Amputation Malpractice
Court Calls $8-a-Day Med-Mal Award for Amputee a 'Miscarriage of Justice'
Mary Pat Gallagher
New Jersey Law Journal
August 25, 2008
In an unusual if not unprecedented parsing of a medical malpractice verdict, a New Jersey state appeals court held Tuesday that a $100,000 award for pain and suffering was too low because it amounted to $8 a day for the rest of the plaintiff's life.The Appellate Division ordered a new trial on the $100,000, finding it "grossly insufficient and a miscarriage of justice," but left in place the liability verdict and $800,000 in economic damages.Another trial is needed because "a recalculation of damages based upon the trial transcripts without having the opportunity to observe the witnesses would be a further miscarriage of justice," the court held in Walsh v. Disciglio, A-0185-07.Maureen Walsh saw a succession of doctors starting in 1995 for circulatory problems in her toes. By the time she met with vascular surgeon George Constantinopoulos in early 1998, she was in severe pain. He recommended an arteriogram, saying it should be done promptly but that another doctor should arrange it because he was not in her health plan.Walsh had the test 15 days later and was told she needed surgery. A subsequent bypass operation showed that amputation might be necessary.Walsh had a total of seven surgeries, three for amputation after gangrene set in. First she lost her foot, then part of her leg and finally, in 1998, most of her leg as the gangrene advanced upward and her leg began to turn colors. She was 50 at the time, and federal government estimates give a woman of that age a life expectancy of 32.5 years.The jury reached its combined $900,000 verdict in 2007, including $100,000 for pain and suffering, and finding Constantinopoulos 10 percent at fault.
Mary Pat Gallagher
New Jersey Law Journal
August 25, 2008
In an unusual if not unprecedented parsing of a medical malpractice verdict, a New Jersey state appeals court held Tuesday that a $100,000 award for pain and suffering was too low because it amounted to $8 a day for the rest of the plaintiff's life.The Appellate Division ordered a new trial on the $100,000, finding it "grossly insufficient and a miscarriage of justice," but left in place the liability verdict and $800,000 in economic damages.Another trial is needed because "a recalculation of damages based upon the trial transcripts without having the opportunity to observe the witnesses would be a further miscarriage of justice," the court held in Walsh v. Disciglio, A-0185-07.Maureen Walsh saw a succession of doctors starting in 1995 for circulatory problems in her toes. By the time she met with vascular surgeon George Constantinopoulos in early 1998, she was in severe pain. He recommended an arteriogram, saying it should be done promptly but that another doctor should arrange it because he was not in her health plan.Walsh had the test 15 days later and was told she needed surgery. A subsequent bypass operation showed that amputation might be necessary.Walsh had a total of seven surgeries, three for amputation after gangrene set in. First she lost her foot, then part of her leg and finally, in 1998, most of her leg as the gangrene advanced upward and her leg began to turn colors. She was 50 at the time, and federal government estimates give a woman of that age a life expectancy of 32.5 years.The jury reached its combined $900,000 verdict in 2007, including $100,000 for pain and suffering, and finding Constantinopoulos 10 percent at fault.
Labels: amputation malpractice
posted by
Steve Knox
at
1:02 PM
0 Comments:
Post a Comment
<< Home