Baltimore Medical Malpractice Lawyers: Can Damages Surpass the Cap?August 1, 2016
A West Virginia doctor is being sued for medical malpractice in a case involving the passing of a patient who had been in a car accident. The lawsuit seeks punitive damages for the plaintiff in addition to regular damages, which would likely exceed the medical malpractice cap for damages, particularly if it can be proven that the defendant’s reckless behavior caused the patient harm.
When police officers arrived at the scene of the wreck, they reported that the plaintiff seemed confused and disoriented. EMS then transported him to a nearby hospital, where he received treatment from the defendant. Blood and urines tests were taken, but the plaintiff was sent home before the blood test came back. Maryland malpractice lawyers note that the blood test revealed a systemic inflammatory response syndrome.
After suffering severe pain and discomfort, the plaintiff returned to the hospital, at which time the defendant transported him to another hospital for further treatment. Shortly after he arrived at the second hospital, he suffered cardiopulmonary arrest and lost his life. An autopsy revealed that he had been suffering from systemic sepsis in the brain, myocardium and coronary arteries, lungs, liver, spleen, pancreas, and kidneys.
The defendant attempted to seek a summary judgment barring punitive damages, citing the limits of the state medical malpractice statues, but his motion was denied by the court. In fact, the federal court of West Virginia ruled that the statute does not prohibit punitive damages. The evidence of medical negligence provided by the plaintiff will likely result in damages that exceed the medical malpractice cap.
Maryland Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Handle All Aspects of Medical Malpractice Claims
If you or someone you love has been injured or lost their life as a result of medical negligence and you are not sure who to turn to for help, contact Maryland medical malpractice lawyers at LeViness, Tolzman & Hamilton as soon as possible. We will aggressively pursue the negligent parties and ensure that you receive the maximum financial compensation for your injuries. We will not stop fighting until justice has been served. To schedule a free case review, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent victims of medical malpractice throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.