On October 8, 2024, a New York medical malpractice case was settled for $35.6 million during the fifth day of trial for a 15-year-old who suffered permanent brain damage due to the alleged medical negligence of the hospital where he was treated (not treated) following a scooter accident.
The teenager suffered injuries on July 24, 2020 for which he was brought to Westchester Medical Center (Westchester County Healthcare Corporation) in critical condition. He underwent surgery to cauterize his spleen and was diagnosed with frontal sinus fractures that were left untreated by the hospital, which made him more susceptible to infection. He subsequently developed serious life-threatening infections, including MRSA, that resulted in severe brain damage. Now 19 years old, he requires around-the-clock care and is unable to move without the assistance of others. His vision was also affected, leaving him with poor vision.
The plaintiff reportedly rejected five pretrial settlement offers: the defendants initially offered $8 million before raising the offer to $17 million and then to $29.6 million. During the trial, the defendants reportedly offered $32.1 million and then $33 million before the parties agreed to the $35.6 million settlement.
According to a medical malpractice tort reform group, New York leads the nation in medical liability payouts: New York was the clear leader in medical malpractice payouts in 2019 with a total of $661,703,250 in payments. New York was also second in the nation on a per capita basis, with a per capita amount of $34.01. The second highest state, Pennsylvania, had a payout total that was over $260 million.
According to the New York City Comptroller:
- Since FY 2014—when 588 claims were filed—the number of medical malpractice claims filed has steadily declined. Still, the City continues to pay out costly settlements and judgments because of the large number of medical malpractice claims filed in years past, and because of the large amounts for individual claims. In FY 2023, there were 398 medical malpractice claims filed, down 10 percent from the 441 medical malpractice claims filed in FY 2022, but still down 37 percent from the 629 claims filed in FY 2015.
- Medical malpractice claim settlements and judgments in FY 2023 decreased to $51.5 million from $81.1 million in FY 2022.
Of the top ten tort claims adjudicated in FY 2023, number nine was a medical malpractice case: Plaintiffs alleged that H+H failed to properly manage and treat plaintiff mother’s cervical condition, which resulted in amniotic infection and premature birth of the infant plaintiff at 23 weeks. Consequently, infant plaintiff experienced severe and permanent physical and mental issues and requires 24-hour care. The case went to trial and settled during jury deliberations. Settlement of $7.75 million.
There certainly is a large discrepancy between the medical malpractice tort reform group reporting $661,703,250 in medical mapractice payments in 2019, and the New York City Comptroller reporting $51.5 million in medical malpractice claim settlements and judgments in FY 2023.
If you or a loved one suffered harm due to hospital medical malpractice in New York or in another U.S. state, you should promptly find a New York medical malpractice attorney or a medical malpractice attorney in your state who may investigate your hospital medical malpractice claim for you and represent you or your loved one in a hospital medical malpractice case, if appropriate.
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