An Indiana jury earlier this year found in favor of a medical malpractice claimant in his malpractice claim against a medical malpractice defendant who failed to timely diagnose and treat his colon cancer in 2004. By the time of the jury’s verdict, this poor medical malpractice victim had less than a year to live due to the medical negligence.
The former police officer, who was 35 at the time his doctor failed to diagnose his colon cancer in 2004, went to his doctor complaining that he had rectal bleeding and other gastric complaints that should have resulted in his doctor ordering a sigmoidoscopy or colonoscopy to rule out colon cancer, which the doctor failed to do. (The doctor did order an upper G.I. test for other gastric complaints, which would not have found the colon cancer.)
The former police officer moved to Arizona in 2006, where he saw another doctor, complaining of the same rectal bleeding. The new doctor promptly ordered testing that found the colon cancer, which, by that time, had progressed to Stage 4 and was incurable by then. The now 42 year-old medical malpractice victim has less than one year to live.
He filed a medical malpractice claim against his former Indiana doctor for the alleged medical malpractice that resulted in the equivalent of a death sentence. The jury that heard the case over the course of four days and deliberated for more than six hours found that the Indiana doctor had committed medical malpractice and that the medical malpractice was the cause of the claimant’s life-ending injuries and losses. The jury awarded the victim $2.5 million for medical expenses, pain and suffering, and decreased life expectancy. The $2.5 million verdict is automatically reduced to Indiana’s statutory cap (limit) on medical malpractice damages in the amount of $1.25 million in this case.
You be the judge: Does the reduced verdict in the amount of $1.25 million adequately and fairly compensate the 42 year-old medical malpractice victim for medical expenses, pain and suffering, and his imminent, vastly premature death?
When the medical negligence of a doctor or other negligent medical provider causes you or a family member to suffer serious injuries or other severe losses (even death), you should promptly investigate your legal right to bring a medical malpractice claim against the responsible health care provider(s).
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