On behalf of Hastings Law Firm posted in Hospital Negligence on Monday, November 24, 2014.
Losing a loved one to what appears to be a careless medical mistake can be one of the most devastating events that a family can go through. While no amount of compensation or recourse could ever replace a family member, one Texas family may be able to move forward in their grieving process after reaching a settlement with a hospital that cared for a loved one. Most families of victims pursue justice for hospital negligence through a medical malpractice claim, although this particular family was able to settle the case before reaching a courtroom.
Through various news outlets, most of the world is already aware of the Ebola outbreak that is plaguing certain areas of Africa. Some healthcare workers have been transported back to the United States for care, while one man was not diagnosed until he traveled from Liberia back to America. We discussed this man’s apparent delayed diagnosis on Oct. 8, 2014 (“Failure to recognize symptoms in Ebola patient alleged”), and questions of whether his family may pursue a medical malpractice were raised.
Amid rumors of a lawsuit, the hospital apparently acknowledged that it had failed in initially diagnosing the victim. As part of an agreement between the family of the victim and the hospital, the family won’t be suing the hospital in exchange for a settlement, no bills for his medical treatment and donations to a charitable foundation that will help treat those in Liberia who are stricken by Ebola. The foundation will also bare the victim’s name.
While avoiding the process of filing a medical malpractice lawsuit may have shortened the period of time that it can take to reach a settlement for alleged hospital negligence, this process is not necessarily typical of how compensation is awarded. Generally, before any settlement can be reached, a victim’s family must first file a medical malpractice claim in an attempt to prove that the harm inflicted upon their loved one was definitively caused by the negligence of a healthcare provider. However, the compensation that the family received is similar to what other Texas families may receive, such as financial recourse for damages and related medical bills.
Source: my9nj.com, Emily Schmall, Nov. 12, 2014