Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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11-year-old lawsuit alleges hospital negligence, wrongful death

Getting proper medical care is something that everyone expects. When medical care isn’t properly given, injury or death can occur. A recent wrongful death and medical malpractice case that has been going on for 11 years might interest Kentucky residents. The case recently ended with a jury awarding $1 million to the plaintiff.

The case involves a 71-year-old patient who died on Oct. 28, 2002. She was undergoing a coronary artery bypass surgery. According to the complaint, the anesthesiologist failed to get consent to use a Swan-Ganz catheter during the procedure. It also alleges that he didn’t properly perform or monitor that catheter.

The lawsuit against the anesthesiologist, the hospital and the anesthesiology practice was filed in 2003. It alleges that the defendants were negligent in their care, which led to the woman’s death.

On Feb. 26, 2014, a jury awarded $1 million to the plaintiff in the case against the anesthesiologist. Shortly before the trial began, the hospital named as a defendant settled with the plaintiff for an undisclosed amount.

This case shows how important it is for medical professionals to get the consent necessary when performing certain procedures. It also shows how important it is for medical professionals to act in a competent manner when dealing with patient care.

The victim’s family had to learn to live without her because of the alleged negligence of a medical professional. They made the decision to seek compensation for her death. In this case, they were successful. While the monetary award won’t bring her back, it might offer them some sort of closure about her death.

Anyone who has lost a family member to medical malpractice or hospital negligence might have the right to seek compensation for the death. Understanding your rights and responsibilities might help to make the process easier.

Source: The Madison-St. Clair Record, “St. Clair County jury awards $1 million in medical malpractice case” Ann Maher, Mar. 05, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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