The following tragedy is but one of what are believed to be millions of cases of medical malpractice that occur every year in the United States. Thousands of these cases result in litigation.
Doctors and other medical professionals who fail to properly care for their patients can be subject to legal action. Many patients may have asked, Can you sue a doctor for not treating you properly? Although the answer is yes, this does not mean that injured patients can expect to be awarded damages. This is also true with hospital malpractice cases.
In order for a case to be successful, the patient will have to legally prove that there was a breach of responsibility by the provider. It will also be necessary to prove that this breach was directly responsible for an injury and that the resulting condition warrants compensation. These issues often thwart claims against hospital negligence and medical workers.
If you have considered taking legal action against a hospital or health care professional, you should first contact a medical malpractice lawyer. An attorney will show you how to file a malpractice claim and will provide advice throughout the legal process.
According to The Gazette, a Lin County woman has filed a $15 million medical malpractice claim against the University of Iowa Hospitals and Clinics.
According to the affidavit, Joyce Bohren, 52 at the time, had surgery in 2014. Doctors discovered she had two benign tumors in the brain — one was causing hearing issues, and doctors recommended removing the tumors. On 2014, surgery was performed on Bohren without her giving appropriate informed consent. According to the claim, Bohren had no prior problems with body movement, motor skills, vision or speech.
The claim argues that, during surgery, doctors were negligent and cut her cerebral artery, cutting off blood to the brain. Bohren then suffered a stroke that left her partially paralyzed, and in need of 24 hour care, which she will likely require for the rest of her life. Though she has some ability to speak, she is largely unable to move due to right side paralysis, and cannot control bladder functions.
It will likely take several years for this case to go through the court system — in all likelihood, it will end in a settlement and the victim will receive a percentage of the $15 million she requested. Many times in cases like this, insurance companies ultimately paying for final fees decide to pay out rather than wage a drawn out court battle, whether or not they believe they can win.
If you yourself are waiting to receive the outcome of a medical negligence claim, you may be in for a long wait. After an accident happens, it could be two, five, or even 10 years before those involved actually see a payout. In the meantime, people usually still have bills to pay, and more than ever because of what they?ve had to go through. And then, once you do get your money, it often pays out in the form of an annuity — so you only see a small percentage of it each month.
In this case, sometimes paying off your debt fast will involve exploring alternative options. For example, many people will choose to cash in their annuity settlement early. You can sell a portion of your annuity payments for a fee, and then invest this money or use it to pay off your debts.
Would you sell a portion of your annuity payments, or explore some other option? Let us know.