Saturday, 15 of December of 2018

Negligent Care Following Gastric Bypass Surgery Leads to $178M Award for Patient Who Suffered Stroke

The award represents $168 million for past and future medical care expenses and $10 million in punitive damages -- a financial punishment intended to keep the hospital and health professionals from making similar mistakes and harming future patients.

By Mark Favaloro, Surgical Error Victims’ Attorney

A Florida (FL) jury awarded a man who became permanently disabled by a stroke following gastric bypass surgery $178 million in a civil medical malpractice lawsuit that concluded in late January 2012. Jurors found that the man’s surgeon, doctors and nurses failed to notice signs and symptoms of transient ischemic attacks — low-flow strokes, or TIAs – and that the misdiagnosis of his internal bleeding led to the full shut down of blood flow to the man’s brain.

The award represents $168 million for the surgical error victim’s past and future medical care expenses and $10 million in punitive damages — a financial punishment intended to keep the hospital and health professionals involved in the botched surgery and negligent postoperative care from making similar mistakes and harming future patients.

Unsurprisingly, Memorial Hospital has filed an appeal of the verdict. As a Virginia (VA)-based medical malpractice attorney, I hope a judge will quickly dismiss the health care facility’s petition to have the injured patient’s case retried. The man, who had been a sheriff’s deputy, is nearly blind,  confined to a wheelchair for the rest of his life and suffers from brain damage so severe that he is unable to care for himself. The man requires a lifetime of expensive care for everything from preventing infections to performing daily hygiene tasks like bathing. Refusing to compensate him and his family for their losses and lifelong struggles would go beyond an injustice.

Surgical errors and missed diagnoses leave patients in worse health than when they first sought treatment from doctors, nurses and surgeons. That should never be the outcome for anyone.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.