San Francisco Injury Lawyer Blog

Medical malpractice lawsuits are cases in which the patient who received treatment from a health care professional did not get adequate or proper care from the professional, and there was some level of negligence. For example, if a patient goes to a doctor complaining of a sore throat, and the patient is sent home with cold medicine, but instead has a throat infection, there would likely not be a successful lawsuit. However, if the patient goes in for surgery of his right leg, and instead the doctor amputates his left leg, then there likely would be a determination of negligence. Each case is independent based on its individual circumstances, and would depend on the amount of damages suffered by the patient and the level of the doctor’s negligence.

During a jury trial in Milwaukee, Illinois, Daniel Nelson, who was injured in a motorcycle accident in 2000, was awarded $2.1 million for his injuries suffered during his treatment after his motorcycle crash. Nelson was sent to a rehabilitation center where his jaw was wired shut and his movements were restricted for fear that they would pull out the tracheotomy tube or other medical equipment. A sitter was with him constantly and watched his progress. On October 18, 2000, the sitter called for assistance because Nelson seemed to go still and his color began to change. It was discovered that there was an obstruction in the tracheotomy tube. Nelson alleges that the medical team failed to react in a timely matter; he nearly died and was in a virtual coma for seven weeks. Before the tracheotomy accident occurred, Nelson was able to walk a little on his own, but after, Nelson had to have six surgeries and is confined to a wheelchair.

The damages awarded were $994,716 to Nelson for medical and health care expenses, $1 million for past and future pain and suffering, $50,000 to Nelson’s wife for loss of consortium and $65,000 to Nelson’s son for lack of society and companionship. The amount of damages allowed to be recovered varies from state to state, so if you have a medical malpractice case, you should consult an experienced attorney as soon as possible. We handle all cases on a contingency basis. We are paid a percentage of what we recover for you. This means you will pay no legal fees unless we collect money for you. If we don’t recover money for you, you will not owe us a fee. Give us a call at 1-800-252-9776 (1-800-ALAWPRO) to speak with an experienced attorney about your case. Please also go to our website, www.alawpro.com to find out more about medical malpractice cases.