Articles Posted in Medical Malpractice

North Carolina Academy of Trial Lawyers looked at the 5,401 med-mal cases filed in North Carolina from 1998 through 2006 and compiled a few statistics. The median jury award in medical malpractice cases was $301,300. The largest medical malpractice award was $8.1 million.

Looking at personal injury cases in North Carolina generally, Jury Verdict Research estimates the median award in North Carolina is $10,000. Personal injury plaintiff receive damages in 61% of cases that are tried (the national average is 53%).

The average jury verdict in medical malpractice cases in North Carolina is relatively low. I do not have the national median for medical malpractice cases in front of me but the average – as opposed to the median which makes a difference – is over $1 million. The national median for personal injury cases generally is $38,179 which means that North Carolina and the nationwide plaintiff recovery probability, the number of plaintiff verdicts to total verdicts, is 53 percent.

medical malpractice lawsuits

$6.4 Million Verdict

This page looks at settlement compensation and jury payouts in stoke malpractice lawsuits.  We begin with a sample lawsuit and then provide example verdicts and settlements to give you some insight into the potential value of a stroke malpractice lawsuit.  

Facts of Malpractice Lawsuit

Our law firm handles medical malpractice cases around the country.  These are some of the questions we are most commonly asked by people who have suffered or lost a loved one because of the medical malpractice of a doctor or other healthcare provider.

What Is the Average Settlement for Medical Malpractice?

If you have a potential medical malpractice claim, you want to know what the average settlement value is for malpractice cases.  But, even more specifically, you want to know the expected settlement payout in your case.

Our lawyers handle cervical cancer misdiagnosis lawsuits throughout the country. If you think you may have been the victim of cervical cancer misdiagnosis, reach out to us.  Our cervical misdiagnosis lawyers can help you or at least send you in the right direction.

Cervical Cancer

According to the American Cancer Society, more than one million people in the United States are diagnosed with cancer each year.  Cancer is a disease that manifests from the uncontrolled proliferation of cells that transform from normal into cancerous cells.  The human immune system sometimes has the potential to eliminate cancerous cells. But cancer cells can have the ability to turn off or evade the immune system. When this happens, cancer cells can grow unchecked until diagnosed and treated.

chiropractor malpractice

This page is about medical malpractice lawsuits against chiropractors and settlement amounts and jury awards in these cases.

Chiropractic Malpractice Lawsuits

There are not that many chiropractor malpractice cases.  Is it that chiropractors are particularly competent health care providers?  No. Not at all. But chiropractic negligence usually does not result in serious injury.

Most of the chiropractic malpractice lawsuits our lawyers get calls on are negligent manipulation cases where the injury is not particularly serious by viable malpractice case standards and proof of what caused what is usually an exacerbation of a preexisting condition and is a challenge.  If you have a case like this – where there is clear malpractice but the injuries are relatively minor – our firm will not help you and you will likely have a hard time finding a lawyer.  That is not fair. But it is reality.

That said, there are sometimes significant claims made against chiropractors. Because they do not have the halo effect that doctors have with juries, there is a very level playing field for plaintiffs filing suit against them.  Stunningly, chiropractors are trusted less in most communities than lawyers (but ahead of Congress, of course).  Which really is saying something.

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A lawsuit filed against the Cleveland VA Medical Center has settled for $500,000. The lawsuit was filed after the death of a 59 year old veteran, who was being operated on to repair a hernia. What he was not told was that the VA surgeon had only been licensed for a few months, and that this was the first time that he had ever performed the procedure by himself. Experience matters is such a cliche. In surgery, data shows time and time again that experience is everything. Sadly, a hole was made in the deceased man’s intestines during the surgery, allowing the contents of his bowel to spill out into his abdomen – a hole which the VA hospital failed to recognize for several days. The deceased became very sick after developing an infection, and died several months later. Just a tragic, sensless story.

Hernia Repair Verdicts and Settlements

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A number of cancers arise in the liver or biliary system.  Unlike many cancers, liver cancer (and liver disease) appear to be on the rise.  From 1999 to 2016, annual deaths from liver cancer doubled to 11,073.  Liver cancer is now the fastest increasing cause of cancer death in the United States. 

Why?  it is a good question.   The tragedy is that liver cancer is often preventable.  Approximately 71 percent of liver cancer diagnoses in the U.S. can be attributable to preventable risk factors.  Some of these deaths are also caused by malpractice.  You need to diagnose and treat liver cancer quickly to have the best chance of curing it. 

Liver Cancer Examples

If you are having a hard time contemplating how “unauthorized penis surgery” can happen, you are not alone. I had the same reaction when I first saw the headline about this case. But as explained below, unauthorized penis surgery is something that actually happened to a man in California and he got a malpractice award of $9 million.

Before getting into the details of the case, it is worth noting here that California caps damages for pain & suffering in malpractice cases at $250,000. This is one of the strictest caps on damages in the entire country, but it didn’t prevent the plaintiff in this case from getting a big award for what happened to this penis.

This post is about this case but also provides settlement and verdicts in penis injury medical malpractice cases.  

Recent findings from the Trial Assigning Individualized Options for Treatment (Rx), also known as the TAILORx trial, show that chemotherapy is not beneficial to the most commonly found form of breast cancer.

Sponsored by the National Cancer Institute (NCI), researchers found that chemotherapy does not benefit 70 percent of women with estrogen receptor-positive, HER2-negative, axillary lymph node-negative breast cancer. Hormone therapy combined with chemotherapy is not more beneficial than treating breast cancer with hormone therapy alone. Researchers released this data at the American Society of Clinical Oncology’s annual meeting this year in Chicago.

Details of the study

The Washington Post wrote an article Monday underscoring fact that is well-known to lawyers handling malpractice cases in Maryland: doctors struggle to accurately read tests that determine medical conditions. Unfortunately for patients, this can have serious long-term consequences.

Most of these errors do not lead to malpractice cases because they show false positives.  Sometimes these are malpractice cases because the unnecessary test is the harm — we tried that very case in Baltimore County last year and our client received a $1.45 million verdict.

Below are a few examples that I think really highlight the consequences of this problem.  Each of these following examples and studies highlights the need for us to find a path to help doctors to improve their ability to assess tests more accurately.