Courts void survival damages in $10M spinal case

Published April 23, 2020 • Posted in

Emotions always run high in medical malpractice cases, and it sometimes leads to exorbitant amounts of money sued from professionals. Tack this high price tag on the risk of losing a medical license and a doctor’s financial future and career fall into erratic crosshairs.

As Insurance Journal reports, Pennsylvania courts have ruled to reassess a $10 million award for survival damages, citing precedence to find a figure more suitable with past justice.

The story

A Pennsylvania patient seen by the Laser Spine Institute in Philadelphia for surgery in 2018 and died hours later. Investigators attributed her death to a cocktail of opioids and depressants given during the operation.

The fallout

The patient’s husband sought damages, and the jury awarded him two $10 million awards: one for wrongful death and the other for survival damages. Laser Spine Institute appealed the second sum. A superior judge denied the appeal, but admitted that many previous survival damages did not exceed more than $2.5 million. Chester county courts have ordered a retrial as a result.

It is unknown when the retrial will happen, but it will settle the new amount.

Fairness in medicine

Every malpractice case against a professional is a risk against their license. A patient death is a result that no medical professional seeks, but it happens. When it does, it is absolutely vital to keep a fair and objective perspective. In this particular case, the jury’s awards were too high. In another, it might have been worse for the doctors on the case. Anyone in a similar situation may want to seek out attorney resources.

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