A common misconception that may be held by many in New York City is that all medical malpractice lawsuits end with large payouts to plaintiffs. Hospitals, doctors, and other healthcare providers often are not keen on the idea of admitting wrongdoing, for doing so could serve as a public relations blow that may erode public trust in their ability to provide effective patient care. Such individuals and organizations often tend to have significant resources at their disposal to assist in fighting such claims, as well as expert opinions to justify their decisions. All of this can combine to create quiet a compelling counterargument.
The jury in recent medical malpractice case found ultimately found itself swayed by such a counterargument. The action that prompted the trial in this case was initiated by the family of a woman who died shortly after being admitted to a local emergency department complaining of back pain. In their lawsuit, the family alleged that the woman had been given a fatal dose of pain medication, even citing that an overdose drug was administered to her after hospital staff found her to be unresponsive. Representatives for the medical center named as the defendant in the lawsuit, however, countered with evidence showing that its staff followed the accepted standard of care. It was the defendant’s evidence answering all of the plaintiff’s claims that the jury foremen cited as having a heavy influence on their decision.
Knowing that one is likely in for a legal fight should not deter him or her from initiating a medical malpractice claim if one is warranted, however. No amount of resources and expert testimony may be able to cover up clear cases of provider negligence. Proving such negligence may be much easier if one has the assistance of a qualified attorney.
Source: The Waco Tribune-Herald “Jury sides with hospital in medical malpractice suit” Witherspoon, Tommy, May 24, 2017