Medical malpractice is something doctors don’t want to think about, but in the event that something goes wrong, they have to be protected. Many doctors see patients year in and year out without incident. But it takes one mistake or mishap to bring an entire medical practice down.
While some doctors can run through their entire career without ever having a concern on their hands, they have to protect themselves for the liability. The medical malpractice team at Swarts, Manning, & Associates has seen several doctors, clinics, or hospitals face a settlement or a judgment of into the millions. Here are two recent headlines of cases that made the news:
Recent Headlines
‘Largest Medical Malpractice Verdict In U.S. History’ Awarded To Maryland Woman
In this case, from July 2019, a jury awarded Erica Byrom $229 million after her daughter suffered a brain injury during birth at Johns Hopkins Bayview Medical Center. While a judge reduced the verdict to $205 million because of state cap, it still was a record-setting verdict.
$9M settlement reached in Auburn medical malpractice case
In this case, from October 2019, an Alabama jury delivered a $9 million verdict in a wrongful death medical malpractice against Auburn Urgent Care in Lee County.
The victim, Hope Johnson, visited the facility while experiencing chest pains, difficulty breathing, and coughing. She had visited the clinic two days prior and was told to return if her symptoms grew worse. When she returned, her vital signs were at panic levels.
She was given an inhaler and sent home. Johnson died the next day of blood clots in the lungs. It was determined that Johnson should have been taken to the hospital via ambulance.
Medical Malpractice Caps
Currently, 35 states have caps in place to limit the amount of damages awarded in a successful lawsuit. But those caps start around $250,000 and rise into the millions.
As Law.com explains, there is an initiative in California to change the law on the 2020 election ballot. The law, known as MICRA, caps non-economic damages for medical malpractice at $250,000. The initiative would tether the non-economic damages cap to inflation, raising it to $1.2 million, and allowing for annual adjustments in the future. Judges and juries would be allowed to award damages above the cap in cases involving “catastrophic” injuries and death.
Medical Malpractice Insurance
The best way for doctors, clinics, and hospitals to protect themselves in the event of a mishap or accident is with medical malpractice insurance.
Swarts, Manning, & Associates wants physicians and clinic operators to understand that there are many variables with malpractice insurance. Some of the things you should consider are deductibles, limits of liability, indemnity vs. expense, admitted vs. non-admitted, and consent to settle clauses.
Our medical malpractice team has tremendous experience working with medical professionals and medical organizations to construct the best policy that offers maximum protection.
If you have any questions on how we can help you, we invite you to contact the malpractice team at Swarts, Manning & Associates today. We want to make sure that the investment you made into your future is protected with the right malpractice insurance.
