A jury in South Dakota has awarded a Georgia man $13.4 million for severe brain injury caused by a surgeon who had not been cleared to perform surgery.
In this issue, we’ll talk about what happened.
The Case at a Glance
The victim was 21 when the doctor performed a heart valve replacement surgery. During the procedure, air bubbles made their way into the victim’s arteries and then traveled to his brain – resulting in severe brain damage.
Today, the victim requires constant supervision while living with his family.
Was Doctor Competent to Perform Surgery?
In the ensuing lawsuit, the victim’s lawyer successfully argued that the doctor was not competent to perform the surgical procedure.
The basis for this charge stemmed from a 2014 decision by the South Dakota Board of Medical and Osteopathic Examiners to reprimand the doctor for not disclosing previous lawsuits for medical malpractice, as well as criminal charges when he applied to practice medicine in South Dakota.
After restricting the doctor from practicing medicine until he could acquire a fitness-to-practice evaluation, the Board changed its ruling so that the doctor could carry out medical evaluations for a private company.
The doctor was not allowed to treat patients or even provide prescriptions for them.
In the lawsuit, the victim’s lawyer also named the hospital where the surgery was performed, but the hospital opted to settle its portion of the case.
Don’t Take Chances; Find Out Yourself if Your Doctor Has Been Sued for Medical Malpractice
As we’ve warned on multiple occasions, information about medical malpractice is dependent on self-reporting by doctors and hospitals. Because of that, it can be difficult to find out if your doctor has been guilty of medical malpractice in the past.
Many state licensing boards maintain sites with updated information about licenses of doctors and histories of complaints.
Call The Fitzgerald Law Firm If You’ve Experienced Medical Malpractice
Here at The Fitzgerald Law Firm, we’re aggressive and relentless in making sure that those who have been victimized by medical malpractice are made whole again.
If you feel that you are a victim of medical malpractice, we welcome the opportunity to speak with you.
For a free consultation, call us at 800-323-9900.