Removal of a benign brain tumor goes wrong. The third neurosurgical opinion gets nailed in a $16M lawsuit:
“I was the third opinion on this and we were all saying the same thing,” Morcos said. “This tumor was blocking the fluid spaces of her brain, causing a threat to her life “” not immediately, but eventually. There was some bleeding, but it was properly managed with medication. She was discharged in the expected postoperative state. The tragedy in this case is that Fire Rescue was unable to secure her airway.”
It’s always easier to determine what was “unncessary” after a complication.
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The necessity or lack of necessity of the surgery is not what tipped the jury here; the jury found that her complications and postop care were mismanaged. (the fact that spokespersons for the hospital with an axe to grind say the care was managed appropriately does not mean that the jury was wrong or out of control) At most lack of necessity was an aggravating factor for the jury to consider, that the doctor advised this surgery when it might have been avoided AND mismanaged care after the surgery.
It’s also easier to call people “out of control” when you’ve never seen the evidence.
This case is pre $750k cap in FL.
Thank goodness they put that cap in there to save those insurers money.
If I were a neurosurgeon in Florida, I would LEAVE the state and practice in another. I feel sorry for those physicians who really try their best. Bad outcomes do not necessarily mean bad doctors.
Actually the $750k cap has stood up to the sharks so far in FL. This case was precap. If it were postcap the award would have been $750k to $1.5mil for pain and suffering plus any financial loss/medical expenses. So probably in the $2-3mil range.
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