Attorney David Rash of David C. Rash P.A. in Florida has secured a $1 million
partial settlement for his client, whose husband fell into a coma following
a botched neck surgery. The comatose man had suffered a neck injury after
a car accident and was referred to an orthopedic surgeon to correct it.
The partial settlement was obtained quickly from the automobile insurance
company by paying out their maximum policy limit. Our client still has
the right to sue the surgical center on grounds of
medical malpractice, but the $1 million partial settlement should help pay for bills in the meantime.
Details of the Tragic Medical Malpractice Case
Our client’s husband was rear-ended in what was considered a minor
traffic collision. An unnamed car accident attorney heard the man’s
case and told him to visit an orthopedic surgeon for the pain and aches
in his neck. Despite the complexity of the neck surgery that needed to
be performed, the operation was conducted at an outpatient surgical center.
During the surgical procedure, something went wrong and someone made a
horrible mistake. Our client’s husband suffered a massive anoxic
brain injury – or an injury caused by a lack of oxygen to the brain,
usually for four minutes or more – and fell into a vegetative coma.
He required a tracheostomy – an incision in the windpipe to allow
breathing – to survive and is now entirely dependent on a ventilator
and feeding tubes. Prognoses indicate he will need 24/7 medical care and
supervision for the rest of his life.
It is believed that the outpatient surgical center was ill-equipped to
perform such an intricate medical procedure, and so they acted negligently
by allowing their team to attempt it. There may have also been recklessness
on part of one or more surgeons. It is estimated that the patient’s
wife will need at least another $21 million in coverage to pay for his
lifetime of medical costs. This amount may increase before the lawsuit
against the surgical center is officially filed.
For important updates on this case as it develops, be sure to
visit our blog regularly. If you have a medical malpractice case of your own, you can
contact our Florida medical malpractice attorney, David C. Rash.