Why did the Estate of an Elderly Woman Lose an "Open and Shut" Lawsuit Over Her Death?

Nuances of a case can heavily impact the verdict.

It is a sad story.

An 81-year-old woman went to the hospital for a dislocated jaw.

Through a mix-up, she received brain surgery instead.

She died two months later.

The family sued.

And they won.

According to a recent The Washington Post article titled “Family of woman who died after surgery blunder gets no money,” her family will not receive any of the $20 million payment awarded by the jury.

Why?

A technicality.

What was it?

According to the Michigan Supreme Court, the case was one of medical malpractice and not one of negligence.

What does this mean?

There is a financial cap on medical malpractice cases and not on those of negligence.

Even though the hospital admitted to the mistake, the family will see none of this money.

Also, they will not be able to file a medical malpractice claim.

They will not receive the $20 million.

An expert in these laws believes the family could have won at least $800,000 from a capped medical malpractice claim.

The family lost their loved one and the subsequent court action to help financially right the wrong.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: The Washington Post (February 15, 2018) “Family of woman who died after surgery blunder gets no money”