A common health ailment can be compounded by a medical mistake, leading to tragic and life-long consequences. This was seen recently when a Franklin County jury awarded a $44 million medical malpractice judgment against a southeastern Ohio medical laboratory which misdiagnosed an ear infection that caused the permanent paralysis of a boy, according to the lawsuit.
The laboratory did not properly diagnose and treat the boy, who was nine-years-old when he was treated, according to his parent's lawsuit. This misdiagnosis led to a severe brain infection that caused life-long paralysis.
The boy is now 15-years-old and trapped in his own body, according to court documents. He can only communicate with his eyes. Around-the clock nursing care must be provided for him for the rest of his life, and his family's lives are permanently harmed.
His family filed the malpractice lawsuit in 2014. A hospital and medical practice were also named as defendants in the lawsuit but entered into confidential settlements with the family.
The laboratory company, however, refused settlement and underwent a two-week jury trial. The jury issued its verdict on September 28 after deliberating for a day. The medical laboratory can appeal this verdict.
The plaintiffs' attorney claimed that this was one of the largest malpractice verdicts ever entered in the state. It includes $22 million to cover life-care costs, $3.5 million to pay for earlier medical expenses, and $20 million for compensatory damages. The award will pay for care providers, medical and nursing care, and medical devices to protect the boy's body and provide relief for his parents.
Victims of medical professional negligence may need to gather evidence and experts to prove their case if they decide to move forward with legal action. An attorney can help them gather evidence and develop legal arguments to support their fight for compensation.