A $75,000 lawsuit has been filed against an anesthesiologist from a teaching hospital affiliated with a leading university. The defendant had asked for a summary judgment, basing his request on sovereign immunity, but was denied. The medical malpractice case was filed in 2015. It is set to go to trial this June. Medical mistakes and doctor errors can cause pain and suffering for patients from every state, including Ohio.
The plaintiff in this case is suing the anethesiologist on behalf of her stepmother, who allegedly suffered from a mistake which the defendant made. The stepmother died on Feb. 1, 2013, following a surgical procedure for which the defendant administered anesthesia. The lawsuit claims that the anethesiologist improperly intubated the patient, causing an anoxic brain injury. The procedure was an emergency bring back surgery operation, performed after a cardiac operation.
The defendant's request for sovereign immunity came from his claim that he was an employee of the state. At the time of the procedure, the defendant was employed the University of Virginia, but also by the Physicians Group, which is a nonprofit corporation. The judge decided that a jury could find sufficient evidence that the defendant acted as an employee of Physicians Group instead of the state-owned hospital. As a result, that issue was reserved for trial.
While this case takes place in Virginia, medical malpractice suits are filed daily in every state, including Ohio. In some cases, the defendant will file motions to try and avoid a trial. An experienced personal injury lawyer knows which motions would be beneficial to his or her clients, and which ones would actually harm the case. Anyone whose loved one has suffered due to doctor error or medical mistake may benefit from consulting with a personal injury attorney who handles medical malpractice claims.
Source: cavalierdaily.com, "U.Va. anesthesiologist faces $75,000 malpractice suit", Kate Lewis, March 27, 2017