Ohio’s Medical Malpractice Caps Are Unfair to Injured Patients September 29, 2011.

When unspeakable tragedy hits close to home, medical malpractice caps are a brutal reminder that justice is sworn to protect the innocent, but does not always do so.

This is a really hard story to read about, and many others may have had something similar happen to them. The story involves a young boy, full of promise for the future and happy. This boy could figure out just about anything for himself, even at the age of three years old. Then one day, the unexpected happened, and the little boy fell face first onto a sharp stick that drove itself into the right side of his mouth, face and sinus cavity.

When the young boy was taken to hospital, the surgeons operated and repaired the damage, discharging the boy to home care after they had taken cultures to test for any bacteria that might have been present. All was well for a few days, until the little boy developed a high fever, became lethargic and was taken back to the hospital for help. The parents asked for a brain scan as they thought his brain may be injured as a result of the stick that pierced his sinus cavity. The doctors rejected that idea and that is when things went wrong for the little boy. He was diagnosed with meningitis, which was a wrong diagnosis that would eventually result in the boy being sent into a medically induced coma.

What had actually happened? It turns out that young boy had an undiagnosed and ruptured abscess in his brain that was caused by the accident. He was left severely brain damaged, blind, and unable to do anything other than the simplest and most basic of tasks because earlier cultures were not read sooner and the medical experts overruled the parent’s request for a brain scan. Treatment would not have been delayed nor would it have been the incorrect treatment if time had been taken to truly analyze his injury.

This case went to trial and the jury awarded the family $7.1 million, but the award was capped at $250,000. How does this help to care for a child with such catastrophic problems? It doesn’t. His parents have no idea how he will be cared for in the future and feel what money he did receive will run out, and he will not get proper or adequate care in the future.

The medical pundits that made the errors that cost this young boy a promising life will not be held responsible for the full extent of the boy’s injuries. He has been wronged by the medical malpractice capping in his state. Over time, from the age of 2-years-old to his current age of 21-years-old, he has had at least 23 various surgeries. He needs almost around-the-clock supervision and his movement is limited due to the cerebral palsy from the brain trauma.

The family faces a real dilemma every day – will their son’s money for care run out before he passes away? Will they pass away before him? While dealing with those and other questions, they became aware of the medical malpractice capping debate. They were particularly angered by people – insurance companies and politicians – who told them the cap would be helpful for them as a family. To this day, they vigorously disagree with that line of thought. It certainly has not helped their son, nor will it ever benefit them in the future.

This is an issue that has the potential to touch many lives and to also harm many. If you have been in a situation like this or feel you have been the victim of medical malpractice, do not hesitate to pick up the phone and call an experienced Cleveland medical malpractice lawyer. Find out what the law is in your state. Advocate for the right to receive what you truly deserve in a situation like this one. Speak out for those who have nowhere to turn and who will not get justice. Medical malpractice caps are inhumane, unethical, and punitive – an anathema to the justice system.