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Surgical error results in $1.25 million settlement

Another week brings with it more stories of medical malpractice for Maryland residents. This week, the feature story involves a hospital in another state where a man undergoing surgery suffered complications that left him with serious injuries. This event led the family to attribute the cause of the injuries to surgical errors. The man's mother filed suit one year after the man's surgery.

The unfortunate event took place in 2009. The man went into the hospital to undergo surgery for testicular cancer. According to the complaint, the surgery was severely complicated due to an expected hemorrhage and cardiac failure. The complications that occurred during the man's cancer surgery left him in a vegetative state. The man suffered severe brain damage as a result of the complications.

In a fortunate turn of events for everyone involved in the matter, the state-run medical facility and the family of the injured man were able to reach a settlement agreement this month. The agreement has already been filed in the Court of Claims of Ohio and requires the medical center to pay the family of the brain-injured Cleveland man $1.25 million.

According to the terms of the settlement agreement, the hospital will pay the family $865,000 in a one-time lump sum and $385,000 to a company that will manage a trust for the family. The trust will make periodic payments to the family members of the injured man.

In many cases, settlement agreements are considered beneficial for all parties. A well-structured agreement can satisfy the needs of the plaintiffs, including medical expenses and lost wages, as well compensate them for pain and suffering. Settlements are also far less expensive than trial for the defendants, but ultimately the decision to accept terms is one that the family needs to make with the aid of their legal representative.

Source: The Columbus Dispatch, "OSU hospital pays $1.25 million settlement," Ben Sutherly, Aug 22, 2012

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