Medical Malpractice Misdiagnosis of Ulcer leads to $28,000,000 in Damages

A 47 year old Baltimore man went into to the hospital in Baltimore and ended up with a medical malpractice misdiagnosis of an Ulcer. The Baltimore man filed the lawsuit in 2014 after he went into the hospital in 2011 complaining of stomach pains. Little did he know that his stomach pains were actually an intestinal ulcer. The ulcer went undiagnosed. This misdiagnosis was found by the jury to be medical malpractice. It resulted in the Baltimore man having to under go twelve additional surgeries and multiple lengthy hospitalizations.

The jury awarded over $14,000,000 in future medical damages. To award these damages, the jury has to find that these are reasonable and necessary costs that the plaintiff will incur over the course of his life that are directly related to the misdiagnosis. In many patients, this might include the costs of surgeries, attendant care, or other medical visits and treatments. Using this money, the plaintiffs will be able to get a full time nurse to attend to their daily medical needs.

All of the money awarded for future medical care are bills that will come due for the Plaintiffs. The jury also awarded money for the human losses that the plaintiffs suffered. These included $5,000,000 for the damage inflicted on the couple’s marital life. This element of damages is called loss of consortium. Many jurisdictions recognize loss of consortium as the loss of the affection, solace, comfort, companionship, society, assistance, and sexual relations necessary to a successful marriage. Further, the jury found $8,000,000 in pain and suffering and mental anguish. These damages are for the human suffering that occurs. Due to the tort reform measures enacted in Maryland, however, these damages are reduced to $695,000.

2017-09-05T09:50:25+00:00