Medical malpractice settlements are usually rare in Indiana, but Marion County juries awarded high settlements in two medical malpractice cases this month to people with permanent physical disabilities.
Two citizens of Indiana, 61-year-old David Lee and 27-year-old Roxxanna Smith, have been awarded $1.21 million and $5 million, respectively, in medical malpractice settlements.
Our San Diego personal injury attorneys believe in fair trials that hold physicians or pharmacists responsible for medical malpractice if their mistakes cause personal injury. Dangerous drugs prescribed incorrectly by pharmacists can cause physical disabilities if the drugs cause brain damage. Wrong or unnecessary surgery performed by surgeons can cause disfigurement or permanent scars. 
David Lee saw a foot doctor in 1996 for pain in his right foot. An incorrect diagnosis led to unnecessary bone-cutting surgery, which has caused Lee chronic pain and suffering. Roxxanna Smith was awarded a medical malpractice settlement after miscommunication about X-rays led to wrongful surgery causing her to lose part of her stomach.
But before people in Indiana can sue, medical malpractice claims need to be heard by a medical review board, which can take a year or more. Even if the board decides there is a case, a trial can take a long time, and providers are unlikely to settle because of the state’s cap on settlements.
Unfortunately, state medical malpractice caps prevent a maximum settlement for both people whose personal injuries were caused by medical negligence. People with permanent personal injury from medical mistakes should get a maximum settlement to help pay for medical bills.
The state medical malpractice cap will lower the medical malpractice settlements of both lawsuits — Lee will receive $750,000 for his personal injury, and Smith will get $1.25 million.
Our personal injury lawyers in San Diego know doctors and pharmacists can make mistakes — they are as human as anyone else – however, they are responsible for treating and caring for us when we are injured. Because of that, they need to be as error-free as possible to prevent personal injury from medical malpractice.
Please feel free to call us now at 1-800-655-6585 or you can click here for a free consultation with an experienced San Diego car accident attorney. We have a large bilingual staff that can assist you in either English or Spanish. No fee if no recovery.
About Michael PinesMichael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.
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Tags: David Lee, Indiana medical malpractice, medical malpractice settlement caps, physical disabilities, Roxxanna Smith, unnecessary surgery
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