Jury Awards $110 Million For Malpractice
Bronx Woman Wins Over 100 Million Dollars in Medical Malpractice Lawsuit
The New York Daily News has reported that in a Bronx Supreme Court medical malpractice case, a jury awarded 110 million dollars to Keimoneia Reddish, a 48-year-old mother of 5 who was permanently disabled following an asthma attack in 2010.
Reddish sued St. Barnabas Hospital and several doctors after she suffered a massive brain injury caused by an asthma attack. She claimed, and the jury believed, that the hospital and doctors acted negligently when they “failed to consider” transferring to a hospital that could provide her with the proper care needed to alleviate the swelling in her brain. She has been left with “crippling and life-long speech and motor deficits.”
Reddish remained in the hospital or a nursing home for nearly a year following her brain injury. Reddish’s lawsuit centered around her care team’s failure to move her to a nearby facility that has equipment that would have helped to alleviate the swelling in her brain, thereby relieving some of her symptoms and injuries. The technology called ECMO, or extracorporeal membrane oxygenation, was, according to Reddish’s lawyer, readily “available to remove the excessive carbon dioxide in her brain and prevent an injury.”
What is Medical Malpractice?
Medical malpractice occurs when a health care facility or hospital is negligent, and the negligence causes an injury to the patient. Several things must be present to prove malpractice.
- There must be a duty of care owed to the victim. Doctors and hospitals owe their patients a duty to care for them in a way that meets the standards set by the medical community or other caregivers in a similar situation. The standard is often one that is “reasonable” as it relates to the particular circumstances.
- There must be a breach of the duty. The doctors or hospital must act or fail to act in a way that meets the standard.
- The breach must cause injuries to the person to whom the duty is owed.
In Reddish’s case, the facts as presented to the jury, let to their conclusion that the hospital and doctors failed to act in a reasonable manner when they did not consider moving her to a facility more qualified to treat her condition. Doing so, Reddish’s attorney convinced the jury, would have prevented or eased her injuries. Reddish now lives her life in a wheelchair with slurred speech and “profound motor disabilities.” Her partner of 26 years provides her with full-time care.
Contact Alonso Krangle, LLP If You Are the Victim of Malpractice.
Call us for a free evaluation of your medical malpractice claim at 516-350-5555. Find out if you are entitled to collect compensation for your injuries caused by the negligence of a medical professional.