Wrongful Death Lawsuit Filed in Death of Man Shortly After Surgery
Austin, TX (Law Firm Newswire) November 2, 2017 – A jury returned a $4.5 million medical negligence verdict in the wrongful death of a patient after spinal fusion surgery.
The hospital and surgeon who performed the spinal fusion surgery were found at fault for the death of a 54-year-old man who had gone in for elective surgery to remove a disc in his neck. According to the documents presented in court, there was extensive post-surgical bleeding that was not taken care of, resulting in the man’s death.
Further testimony also revealed that medical staff ignored the man’s complaints the day of the operation and the day after. He subsequently died of a heart attack. The man’s wife filed a medical malpractice lawsuit and was awarded $4.1 million (full value of the husband’s life), $360,000 for conscious pain and suffering before his death, $15,000 for funeral and burial expenses.
“In cases such as this, there are usually three kinds of damages available to survivors,” says Austin wrongful death attorney, Brooks Schuelke. “Economic, non-economic and punitive damages.”
Economic damages may include the value of the goods and services a victim would have provided to the plaintiff, medical, funeral and burial expenses, loss of victim’s earnings and loss of benefits, such as medical insurance or pension plans.
Non-economic damages tend to have more value than determinable economic damages and may include damages for pain and suffering, loss of love, companionship of the loved one and loss of care, nurturing and advice from the deceased.
Punitive damages are usually awarded against the defendant for particularly egregious conduct.
“No two wrongful death cases are alike,” adds Schuelke, “and it is best if you take your case to an experienced attorney to discuss your legal rights, how you wish to proceed and what you may expect as an outcome to filing a lawsuit.”