State Appeals Court Upholds $1.85 to Victim in Medical Malpractice Settlement
The Wisconsin Supreme Court has just granted review in a medical malpractice suit in which a patient had argued that his doctor did not provide enough information to make an informed decision about treatment. In this case, Jandre v. Physicians Insurance Company, the appeals court upheld a $1.85 million dollar settlement to the victim.
The medical malpractice victim, Thomas Jandre suffered stroke-like symptoms back in 2003. Upon visiting the emergency room, Mr. Jandre was diagnosed with a mild form of bell’s palsy, a condition that is not life threatening. According to reports, hospital records show that the doctor did not perform a carotid ultrasound to rule it out the stroke, as is standard procedure. However, a physical exam did not reveal signs of ischemic stroke.
Unfortunately, eleven days later Mr. Jandre suffered a massive stroke. Mr. Jandre alleged that his doctor failed to disclose information necessary for him to make an informed decision. During the trial, two physicians testified that a caratid ultrasound would have revealed blockage of an artery. If this was done during the emergency room visit, immediate surgery would have stopped the blockage and prevented Mr. Jandre’s massive stroke.
Even through Mr. Jandre’s physician was not negligent in diagnosing him, the court ruled that he was still in violation of the state law that required a doctor to help a patient make informed decisions. This was due to the fact that Mr. Jandre’s physician did not inform him of the test that could rule out a blockage/oncoming stroke completely.
This case was one of several that actually caused a Supreme Court to clarify the application of a statute. Medical malpractice cases can be some of the most difficult to navigate whether in Pennsylvania, Wisconsin, or in any of the 50 states. Laws may be different from state to state, and new clarifications sometimes need to be made. If you’re looking for a Pennsylvania medical malpractice lawyer, it is imperative to go with a Pennsylvania medical malpractice lawyer you can trust.
