5 Worst Medical Malpractice Lawsuits of 2014

It’s an unsettling reality: preventable medical mistakes are the sixth leading cause of death in the United States – a country renowned for its first-rate health care system. The New England Journal of Medicine reports that a quarter of all hospitalized patients will be injured by medical errors during their stay, giving credence to the growing numbers of malpractice claims filed against medical facilities and their physicians. According to a national analysis performed by malpractice insurance provider Diederich Healthcare, medical malpractice payout amounts increased for a second consecutive year in 2014, continuing a trend of rising settlements and jury awards.

Amid mounting reports of hospital-acquired infections and concern over lax safety protocols, it’s more important than ever that patients thoroughly vet their prospective doctors and have a friend or loved one to act as their own personal advocate in the event of hospitalization.

Medical errors cited in recent lawsuits

These recent medical malpractice cases are sobering reminders of what can go wrong in the hands of trusted health care professionals.

1. Routine procedure leaves NY woman a double amputee – Stacey Galette lost both of her legs after a laparoscopic procedure in 2009, when doctors at a Long Island hospital accidentally punctured her intestine, which later caused infection, blood poisoning and gangrene. “She will be spending the rest of her life with a below-the-knees amputation, all because the doctors didn’t follow accepted medical practice,” said her attorney. Last year she won a $62 million jury verdict.
2. Boston woman dies following missed cancer diagnosis – In June, 2014 a $16.7 million judgment was handed down in a case involving a fatal cancer misdiagnosis. Jeanne Ellis sought medical care for a nagging cough and was sent home with antibiotics for an apparent respiratory infection. Still suffering one year later, Ellis returned to the hospital only to find she had irreversible lung cancer, which was evident in chest X-rays taken during her first visit.
3. Oxygen deprivation at birth caused newborn’s cerebral palsy – Parents from Gainesville, Georgia are now raising a child with cerebral palsy following a traumatic delivery experience when attending doctors failed to promptly resuscitate their infant following a complicated birth. During labor the boy experienced significant oxygen deprivation to the brain. In October, 2014, the cerebral palsy lawsuit went to trial, where jurors awarded the family $8.4 million.
4. Botched bariatric surgery proves fatal – U.S. army vet and father of three, Warren Jupiter underwent weight loss surgery at a New York City VA hospital to whittle his 550-pound frame. After the operation, doctors failed to notice a gastric leak, which eventually caused rampant infection and Warren’s slow and painful death. His doctors countered that their patient was too obese to fit inside the CAT scan machine, and were later ordered to pay $5.9 million to the victim’s family.
5. Doctor’s negligence leads to unnecessary leg amputation – In January, 2015, Donald Johnson – a former Illinois police officer – was awarded $3.157 million in damages after jurors determined his doctor had acted with negligence in regards to Johnson’s lower leg amputation. The plaintiff had a history of vascular disease in his legs, but was given a tight gauze bandage to treat leg wounds, which further cut off blood flow to his extremities, causing the tissue to die.

Medical practitioners swear to do no harm, but overconfidence, or in some cases, a failure to follow operating room precautions or checklists can lead to disastrous outcomes. According to Dr. Marty Macary, a prominent cancer surgeon at Johns Hopkins Hospital, health care professionals often feel pressured to overlook errors made by their colleagues. Nurses who see something awry in the operating room may be reluctant to speak up, leading to a vicious cycle that repeats over and over again.

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