Canton Jury Returns $636,000 Verdict in Medical Malpractice Case

Contrary to what you might think, many Cleveland medical malpractice cases are settled without the need for a trial. This is often a good outcome for the victim, as it spares him or her months – and potentially years – of litigation. Keep in mind, even if a trial is successful and a jury rules in favor of the victim, the defendant has the right to appeal, which can substantially delay the final resolution of the case.

Canton Jury Returns $636,000 Verdict in Medical Malpractice Case

That said, it is still notable when a jury returns a substantial medical malpractice verdict in Ohio. For example, on October 26, 2018, a jury in Canton (Stark County) returned a six-figure verdict against a local internal medicine doctor accused of failing to properly diagnose and treat an elderly patient. The defendant has already announced plans to appeal the jury’s decision.
According to the Canton Repository, which covered the trial, the plaintiff was also the victim of nursing home neglect. Specifically, he “ was left alone on the toilet by a nursing home staff member and fell onto the floor, fracturing his hip.” This took place in 2013, when the plaintiff was 79 years old.
The plaintiff’s subsequent medical malpractice lawsuit alleged that the defendant failed to properly assess the plaintiff’s “risk for falls” and “develop a reasonable care plan to prevent falls and to enter appropriate orders given [the plaintiff’s] underlying conditions, prior fall and functional limitations.” For instance, the plaintiff presented evidence that the defendant failed to follow-up on a negative X-ray taken after the fall, which indicated the need for increased pain medication.
In short, the plaintiff blamed the defendant’s malpractice for causing his fall, as well as the resulting medical expenses and pain and suffering. The jury agreed the defendant was responsible. In its verdict form, the jurors said that as a result of the defendant’s deviation from the accepted standard of care, “there was a delay in further testing and treatment that a reasonably careful physician would order.”
Altogether, the jury awarded $98,000 for past economic losses, $300,000 for past non-economic losses (for pain and suffering), and $238,000 in future non-economic losses–bringing the total award of $636,000. Following the trial, the defendant filed a motion to reduce or “set off” the award to account for previous confidential settlements entered into between the plaintiff and two other previous defendants in the case, the nursing home where the plaintiff resided at the time and the radiologist who reviewed the X-ray mentioned above. The trial judge has yet to rule on this motion as of this writing.
And regardless of how the trial judge rules, the defendant’s attorney told the Repository he plans to appeal, noting, “We are a very long way from the finish line in this case.”

Canton Jury Returns $636,000 Verdict in Medical Malpractice Case

The reality is that medical malpractice cases do not necessarily end with a successful jury verdict. This is why it is important to work with a Cleveland medical malpractice attorney who can see your case thru from start-to-finish. Contact Tittle & Perlmuter at (216) 308-1522 if you need help today. We serve clients in Cleveland, Lakewood, Elyria, Chardon, Sandusky and surrounding areas.

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