This medical malpractice lawsuit was the result of a patient suffering a spinal cord hematoma and paralysis. The patient developed a hematoma at the lumbar puncture site, which compressed his spinal cord, causing paralysis. He underwent an emergency surgery, but to no avail. The man is paralyzed from the waist down. He developed decubitus ulcers, urinary tract infections, pneumonia and osteomyelitis; he is in constant pain. Due to his debilitation, the man cannot return to work. The lawsuit alleged that the hematoma and paralysis resulted from the doctor’s negligence for prescribing aspirin and failing to discontinue anticoagulants before the spinal tap. The jury found in favor of the plaintiff for $22.5 million, but due to settlement credits and award caps under Texas law, the plaintiff recovered $10.9 million.
This is just another case of re-victimizing the victim. Tort reform advocates applaud this decision, but will they if they are the victims? In an attempt to prevent occasional unjust jury rulings, some tort reform advocates ensure perpetual injustice by giving politicians the power to “cap” justice. It is time to stop this nonsense and put our trust in the judicial system? It is time to stop punishing the victims of medical error rather than the perpetrators. The system will not repair itself by punishing the victim a second time. We need to stop blaming the victims. Do you know who really pays and who profits from tort reform? I will give you a hint – the taxpayers pay!
Lawsuit Financial is a pro-justice lawsuit funding company that provides cash flow solutions and litigation cost funding to plaintiffs in a pending lawsuit. If you or a loved one is involved in a lawsuit and concerned with meeting your financial obligations, contact Lawsuit Financial toll free at 877-377-SUIT (7848) or visit our website for a free consultation.