Five months following a federal appeals court ruling, which affirmed a lower court’s ruling, the United States government was forced to pay a $7.5 million award. The 9th U.S. Circuit of Appeals in California affirmed the 2008 ruling which awarded Deborah Rutledge and her husband, retired Master Sgt. Thomas Rutledge, damages due to the negligence of Air Force medical staff. Medical malpractice attorneys say that Deborah was left disabled after medical professionals failed to properly diagnose a herniated spinal disk, back in 2004.
Failures to Properly Examine and Provide Treatment Leave Woman Disabled
Deborah Rutledge was experiencing numbness in her groin, legs, and feet when she went in search of medical help at the Andersen Air Force Base clinic in Guam. A doctor’s assistant and a nurse met with Rutledge but failed to conduct proper medical examinations for the numbness the woman experienced. To compound the problem, the medical professionals did not report the case to their supervisors and instead misdiagnosed what Rutledge was suffering from. Lawyers say that the symptoms persisted, even after an emergency operation. Rutledge continues to suffer today from nerve damage.
One of the plaintiff’s medical malpractice attorneys stated, “[t]he Rutledge’s are relieved that this long drawn out process is finally over and that they ultimately received justice from the judicial process.” Robert Keogh continued, “[t]he District Court’s award was eminently fair under all the circumstances presented, and the Ninth Circuit affirmed the reasonableness of the award.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Melodee first began experiencing symptoms, such as pain, blood in her stool, and constipation in 2006. After multiple hospital visits, medical professionals diagnosed her with hemorrhoids. It was recommended that the hospital perform a colonoscopy, but the hospital failed to follow up on that procedure or provide any screenings for rectal cancer. Professionals say that the following year, in 2007, Adam Cloer was transferred to Fort Leonard Wood in Missouri, where his wife would learn that the cancer had spread to her lymph nodes because it was not treated in a timely manner. Melodee underwent chemotherapy, radiation, and numerous surgeries to remove her organs, all of which proved to be of no avail. The medical malpractice attorneys working the case stated, 
The doctors have been provided a sixty day window to edit and review their online profiles before they become accessible to the public. If doctors provide false information, and mislead potential healthcare consumers, lawyers believe that they will be subject to different forms of discipline. Other information that will be included in these profiles includes the medical schools they attended, specialty board certification, number of years in practice, location of practice, and whether or not the doctor participates in Medicaid. 
The county insurance fund will cover one million dollars of the total expected settlement amount. The remaining amount will be subject to reimbursement from the California State Association of Counties. The county clearly determined that a drawn out litigation process would be a sub-optimal resolution to this tragic case of medical malpractice. The county’s legal department stated “it had been determined that timely economic resolution together with release of any and all potential claims is in the best interests of the county.” Lawyers say that this means that the boy’s family will collect this sum of money but has also agreed to end the conflict here, without pursuing any other claims of liability against the county in the future. Although this money should be helpful in assuring the healthcare and safety of the boy in the future, it is unclear how much medical attention he will need for the duration of his life. Medical malpractice attorneys believe that determining damage amounts for infants is among the hardest figures to calculate because of the countless variables and the length of the baby’s expected life.
Any medical professional who has spent a significant amount of time in the field knows that medical malpractice does sometimes happen. Although not all medical negligence is serious and life-altering, some rare instances of malpractice are extremely severe and tragic. Lawyers urge that it is these victims who should be allowed to exhaust the judicial system in search of justice. Opponents will certainly argue that doctors will undoubtedly go out of business or flock to states with a more favorable system of tort damages. The victims in cases of medical malpractice are the patients, not the doctors. It is important that although this has become a popular issue recently, that we do not forget the tradition of this country. Many medical malpractice attorneys believe that a jury of the victim’s peers should be able to hear the case and determine a reasonable damage award after being presented with all of the evidence. Aren’t jurors, who hear each case individually, in a better place to determine a fair outcome, as opposed to representatives sitting in a state capital, who throw a limit on damages no matter how serious or traumatic? It seems that a jury is in a better position to determine the severity of a particular case. We should trust juries to come to a fair and equitable outcome, our forefathers certainly did.
Justice Paul Pfeifer wrote in his opinion, “Dr. Skoskiewicz and many other volunteer clinical faculty in Ohio provide an important service. But that service, however commendable, does not transform the volunteers behind it into an arm of the state.” Lawyers believe that this ruling ensures that the medical school is not legally liable for the doctor’s medical negligence. There was no contract of employment between the doctor and the school and medical malpractice attorneys say that this program simply allowed students to rotate through one-month clerk-ships. It is very important that young men and women entering the medical field get an opportunity to train with and study under doctors who have been in the operating room for a number of years. However, the doctor was still in control of the procedure and he was still the one who in the end was responsible for the medical malpractice injury to Mr. Engel. Doctors who commit malpractice should not be able to hide behind a medical school merely because students are sitting in on an operation.
Following a car accident, Wyoming Newman went to visit Dr. Chavis, a neurosurgeon. The woman had an initial MRI and attorneys say that she was then sent to Dr. Erwin Lo, who performed spinal surgery on Newman in early 2009. According to the plaintiff’s complaint, the doctor failed to interpret the MRI results properly and instead of following Chavis’ recommendations, he performed a corpectomy. That procedure involves the removal of a portion of the vertebral body. When Newman woke up, she had no feeling in her legs and her arms felt extremely weak. A woman who sought medical attention for a car accident years earlier was left a quadriplegic about two years later. Newman is a tragic victim whose life will be forever changed due to medical negligence. Professionals say that these sorts of devastating cases occur far too often in operating rooms around the country. Although liability will be decided in a courtroom by a jury of these parties’ peers, Newman will not be able to walk out of that courtroom.
Wilson strongly argued that these medical malpractice caps are blatantly favoring a special class of society over the general public. This special class includes medical professionals, corporations, insurance companies, and special interests groups. Malpractice victims may suffer many non-economic damages that will no longer be fully compensated for in states such as West Virginia. Someone who is permanently disfigured, maimed, or handicapped will certainty be owed compensation that exceeds mere medical expenses and future costs. An avid golfer or swimmer who can no longer enjoy these activities, a young child who will never walk or talk, or a woman who can never bear a child are only some of the instances where non-economic damages that exceed a cap may be necessary. Medical malpractice attorneys also have fears that were pointed out by Judge Wilson. He stated, 