Medical Malpractice has Serious Repercussions
When Kevin Tolson Sr. left work one evening, he could not have imagined that his journey would leave him without his left leg. But, due to a confluence of mistakes, that is precisely what happened. The tragedy was unnecessary and preventable, and Mr. Tolson ultimately took his grievance to the courts, where he was awarded millions in damages. If you or a loved one experiences serious injury due to needless medical errors, an experienced local personal injury attorney may be able to get you the compensation you deserve.
Details of the Case
As Mr. Tolson left his Baltimore employment one evening, a loading dock gate was inadvertently triggered, causing the belowground grate to rise, presumably to block vehicles from entering. In this scenario, Tolson’s left leg became trapped and twisted in the grate, causing a dislocation of his knee. Upon hospitalization, he reported numbness and tingling, as well as the inability to move his foot. A PA made a diagnosis of a sprained knee, and released him to go home.
Just two days after his discharge, Tolson continued to be concerned about symptoms. It was then determined that the dislocation had resulted in numerous ligament and tendon tears, as well as trauma to the popliteal artery, cutting off blood to the knee and leg. Unfortunately, at his initial hospital visit, the mistake of failing to perform the proper diagnostic tests resulted in permanent damage, leading to the amputation of his leg above the knee.
After a two-week trial, a jury awarded Mr. Tolson $5.2 million.
Criteria for Malpractice Cases
Over $3billion is paid out in medical malpractice cases in this country annually—an average of one verdict every 43 minutes. But what exactly constitutes medical malpractice? According to the law, a successful case must prove four key elements:
- The patient was owed a professional duty by medical personnel;
- Said duty was breached when recognized medical standards and protocols were not met;
- The breach resulted in injury;
- Damages were incurred as a result.
Litigation or Resolution?
Medical malpractice cases, when adjudicated, generally take place in state courts. But the truth is, the process of discovery is lengthy and onerous. It includes the sharing of information such as medical records, billing information, and clinic notes. Depositions are taken where litigants and others are questioned under oath. During this process, lawyers are often working behind the scenes to come up with a settlement that will be satisfactory to both parties.
Do you Require Legal Assistance?
If you believe you have been the victim of medical malpractice, it is important to consult with an attorney who knows his or her way around the courtroom and who has experience in both negotiation and litigation. At the Law Office of Hasson D. Barnes, LLC, we offer effective, ethical representation. Contact our Baltimore medical malpractice attorneys for a confidential consultation today.