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Archive for Saturday, November 4, 2006

Jury awards $759,000 in malpractice case

November 4, 2006

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A jury on Friday awarded more than $759,000 to a Eudora woman who had the wrong ovary removed in a 2002 surgery.

Jurors deliberated nearly five hours before finding that Amy C. Miller, 32, was entitled to damages and medical expenses, and that the Lawrence physician who performed the surgery, Carolyn Johnson, was legally at fault.

The verdict came after a weeklong trial in Douglas County District Court. The doctor didn't deny she took out the wrong ovary but argued that it would have had to be taken out anyway, and that Miller was not entitled to damages.

Comments

Lori Nation 7 years, 11 months ago

shame on all these jurors for the insane amount i hope this appeal goes through and is overturned YOU PEOPLE JUST MADE OUR INSURANCE PREMIUMS HIGHER. WHAT NOW A LIFETIME MOVIE BECAUSE THOSE TEARS WERE TEARS OF JOY AND WEALTH NOT RELIEF THAT ITS OVER IF HOPE THE NEW JURY FINDS OUT THIS WOMAN KNOWS SHE DIDNT WANT ANYMORE KIDS AND WAS SHE OFFERED MONEY BEFORE THE TRIAL PROBABLY BUT GREED TOOK OVER bring down the amount of the settlement

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staff04 7 years, 11 months ago

Ok, Iristh1230, when they take off the wrong leg, you get a $10 settlement, but it it will keep my insurance premiums from going up by 10 cents a year. What an ass.

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RealityChick 7 years, 11 months ago

Hey Iristh1230 - time for a reality check. You obviously are unaware of the facts, and make your statements on hearsay. The victim will be lucky to receive even a fraction of the award. I guess you would be ok if you lost your sexual organs due to someone being upset because they were going through a divorce, and didn't focus properly on the TASK at hand. DOUBLE SHAME ON YOU, YOU INGNORAMUS.

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RealityChick 7 years, 11 months ago

BTW - The psychologist for the defense that stated the Plaintiff has anxiety disorder prior to this case wrote the report BEFORE the testing evidence was presented to him for review. Way to go defense! Pay an expert doctor $400+ dollars per hour to review and testify - you'd think he could wait for the data to come in. This guy's entire testimony was bogus, and THAT needs to be taken into consideration.

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roger_o_thornhill 7 years, 11 months ago

Iristh 1230 must be a Doctor. That is whose insurance has increased do to litigious folk.

If this Iristh person wants to bitch about law suits and insurance premiums, talk about the people who eat before surgery even after being told not to. Or anyone who ignores doctor's orders before treatments. Talk to the people who abuse their body and expect miracles from doctors. Even talk about the paper pushers who have invented jobs (i.e. the majority of the insurance industry) for themselves who must then be paid from the money earned through premiums. Don't talk about someone who had the wrong part of their body removed.

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Upchurch_Financial 7 years, 10 months ago

Iristh 1230 -

I understand the increasing medical malpractice premiums that physicians pay.

Instead of constantly pointing the fingers at the trial attorneys maybe you should focus your attention on the insurance carriers themselves.

Here is a suggestion, review the financial performance of the insurance carriers during the "medical malpractice crisis" that our country has been in since 2001.

Would you be surprised if the stock performace of these companies outperformed the Dow average?

Check out how Pro Assurance (NYSE: PRA) has berformed during this period. My hunch is that you would be surprised to see that this "malpractice carrier's" stock price has incread by more than 180% during the time period while the DOW has only increased by roughly 20%.

http://finance.yahoo.com/q/bc?t=my&s=PRA&l=on&z=m&q=l&c=&c=%5EGSPC

Have they adjusted your premiums due to the real implications of "tort reform"? No, they have simply padded the bottom line. Just as any good business person would do. In fact, premiums continue to rise despite smaller annual payouts. Educate yourself doc.

I know that people always say doctors are not good with money and your ignorant statement proves the point.

My recommendation would be to talk to the Medical Associations and start to push for insurance reform. This will put more money in your pocket than "tort reform".

Get a clue.

And no, I am not an attorney. I just work with the victims of "malpractice" on a daily basis. I often have to deal with quadraplic and horrically damaged babies. It is impossible to provide a lifetime of care for only 2 - 3 million dollars.

www.upchurchfinancial.com

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mbaird628 4 years, 10 months ago

Is the real debate about this more about money. Someone is taking money away from someone else. Is it also about the drama that the "car-chase" media uses to feed our own egos so that we can feel superior, that we are better then someone else? Is this what our society has come to, money versus real people? For the past eight years a stem cell had more rights then a living breathing human being. Why is it that we fought so hard for the rights of a stem cell then living breathing human beings?

What has all of this debate left me, nothing. Was my son a dollar amount in some company's ledger? Was my son the price that I pay for societies "innovation"? Was my son the price that I have to pay so that someone else can live a better life, a longer life? Someone please tell me. Is this the price my son paid for each of you to have innovation even though in his death he still donated over 96 bones, connective tissues and organs? In his death he has given more to society then society is willing to give him. Society is not even willing to give him a basic core principle of our constitution, his day in court.

http://www.robertsfight.com

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nanny6087 4 years, 2 months ago

I want you to know that I read your post and I am understanding that you were treated unfairly and I am sorry for you and your family. My daughter had surgery and the doctor took the wrong ovary and I know it does not compare to the terrible outcome of yours but I understand the helplessness you feel about no one seeming to care. I have become scared by the attitudes of the doctor, hospital and insurance companies. Have we as a people become so cold hearted? This really does scare me! Where do you turn? I just wanted you to know that I care and I wish that I could make a difference.

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nanny6087 4 years, 2 months ago

I wish that there was some way to make doctors, insurance companies and people in general understand what a devistating event it is for the patient and their dear ones when a surgery is botched. My doctor recently had her wrong ovary removed and it is not as simple as what health damages were done. This system is just not right!. You put your life in the hands of doctors, nurses and the hospital. They take their eye off the ball and you are left with the consequinces of dealing with this for the rest of your life. How dare someone think that they can put a price on a persons body organ or a persons trust and mental health. It is hard to relay the devestation that this does to you and I am the mother of the patient. Think about that! And ProAssurance shame on you! Shame ...shame...shame on you! They DO NOT CARE ABOUT ANYTHING BUT THE ALMIGHTY DOLLAR! This healthcare sytem is so totally screwed up that a hospital and a doctor wants to bow out of their responsibility to reasonable safe care, I am heart sick for all of us that believe that these humans are in this for the task of caring for others. Money is ALL that it is about. God help us.

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nanny6087 4 years, 2 months ago

Sorry this was supposed to read...My daughter had her wrong ovary removed not doctor...darn it !

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