Macon Jury Awards $40 Million In Damages As Part Of Medical Malpractice Wrongful Death Lawsuit
A Georgia jury has awarded the family of a woman who died in 2017 $40 million in damages after a wrongful death lawsuit filed against a Georgia hospital and other health organizations. The decedent’s parents filed a wrongful death lawsuit against the hospital after their daughter died in 2017. The decedent had previously been diagnosed with sickle cell anemia. On two prior occasions, the decedent was treated for pain and discharged while visiting another hospital. On November 13, 2017, she went back to this hospital after experiencing significant pain and having difficulty breathing.
According to court documents, the decedent had abdominal pain, nausea, and vomiting. She was in significant respiratory distress and the hospital’s doctors determined that she needed care beyond what they could provide her at the current hospital. Just after midnight, the decedent was transported by Air Evac to another hospital, the one named in the lawsuit and the primary defendant. There, she was treated for acute chest syndrome and required a blood transfusion.
According to the lawsuit, the second hospital should have never taken on the patient as they could not perform the proper blood transfusion. The decedent was eventually transferred to a third hospital, but due to the weather, she had to be taken by ambulance.
On the ride to the third hospital, the decedent coded five times. She sustained significant organ damage as a result. Ultimately, she died en route to a hospital that could perform the proper blood transfusion. The official cause of death was listed as cardiac arrest, respiratory failure, and sickle cell crisis.
Elements of negligence
A Georgia jury sided with the plaintiffs and ultimately concluded that the decedent died of gross negligence. The jury assigned 50% of the blame on the second hospital that could not perform the correct procedure. The other 50% of the blame was placed on the first hospital that attempted to transfer her to a location that could not perform the proper care. $35 million of that judgment was awarded to the decedent’s parents with another $5 million going toward the decedent’s estate.
This story clearly tells the tragedy of a woman who was failed by her medical providers. She should have been transferred to a hospital capable of performing the procedure that she needed. Instead, she had to be transferred twice and by then, it was too late.
A jury saw fit to punish the defendants for their gross negligence by awarding punitive damages to the plaintiffs. Punitive damages are awarded when the defendant is accused of committing gross negligence in a medical malpractice lawsuit. In this case, it’s obviously clear to anyone that transferring an individual to a hospital that cannot perform the proper medical procedure is a mistake that should never be made.
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Gillette Law represents the interests of Jacksonville, FL residents who have been injured due to medical malpractice. Call our Jacksonville personal injury lawyers today to schedule a free consultation, and we can begin discussing your case right away.
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