“It was never about getting the highest amount . . . It’s about seeking justice.”
“She hopes the hospital’s doctors and nurses will learn a valuable lesson through the boy’s death and “take their job more seriously.”
To ensure that, a plaque in memory of her dead son, Torajee, must be placed inside the hospital’s emergency room . . .
. . . Tukishia Bobbett thinks her son ‘sacrificed’ himself in order to show the hospital’s wrongdoings and ensure no one else receives such negligent treatment at the hospital.”
Related article:
The $11 million settlement reached Wednesday . . . once again pitted lawyers against doctors over a proposed $250,000 cap for pain and suffering damages.
The lawyer’s view – “‘The reality is, I spent substantially more than that in preparing this case,’ Quinn said Wednesday after the $11 million settlement was reached. ‘To say that a little boy’s life is only worth a maximum of $250,000 is an absolute outrage.’ . . .
. . . Preparing for the case involved consulting 20 expert witnesses and 30 depositions, Quinn said. Most lawyers cannot afford the costs, he said.
‘I don’t think people realize how expensive these cases are,’ Quinn said. ‘That’s why we try to screen these cases. The reality is, they knew from day one that this child was not properly cared for and they should have come to these two parents.’
Quinn will receive 40 percent of the settlement or at least $4.4 million, according to the law firm.”
The physician’s view – “The medical community supports a $250,000 limit on pain and suffering damages in malpractice cases to avoid high payouts.
High malpractice settlements and verdicts will ‘trickle down into the insurance industry and will eventually impact patients and doctors,’ said Chuck Moran, spokesman for Pennsylvania Medical Society.
He also criticized the percentage that lawyers receive from high malpractice verdicts and settlements.
‘That’s another part of the problem,’ Moran said. ‘It’s basically a large pay-day for the attorneys involved.’
Doctors are not trying to limit economic damages, said Dr. Gary Verazin, a surgical oncologist and an advocate for caps.
Even if limits were placed on non-economic damages, the Bobbett family would still receive a lifetime worth of potential earnings for their son, he said.
‘That’s a fairly significant amount,’ Dr. Verazin said. ‘Part of reform is to decrease the amount of the percentage the lawyers get from verdicts and settlements.’
As a result of the high liability risk, Dr. Verazin will no longer perform surgery on children with acute abdominal conditions, he said.
‘At times, it is difficult to diagnose,’ Verazin said. ‘The jury will have a feeling of compassion for a child, no matter what is scientifically right or wrong.’”
