A California family has recently settled a lawsuit with a family who lost a young girl due to medical malpractice. The family claims that healthcare professionals misdiagnosed the girl, which ultimately led to her death. The medical malpractice suit claims that the girl was misdiagnosed with the flu when she truly suffered from pneumonia. She was declared dead the next day.
The tragic sequence of events began when the girl was taken to an urgent care facility where she was diagnosed with the flu. The doctor claimed that the girl did not need antibiotics and she was sent home. An attorney for the family has said that they believed the doctor did not give a thorough examination because it was late at night. The mother found her daughter in poor condition the next day, and she was rushed to an emergency room. At that point, further medical intervention was useless.
A California court ruled in favor of the family, and they were granted a settlement of $250,000. Attorneys for the family have decried the small compensation, claiming that the state’s Medical Injury Compensation Act is unfair for families who are victims of medical malpractice. The act has placed a cap on all compensation granted for these types of cases.
While nothing can undo the tragic death of the young girl, the family claims that the award is a meager amount for such a drastic medical malpractice mistake. As with any medical malpractice case, the family must have presented clear and indisputable evidence that the healthcare provider was liable for the death of the girl. Advocates are pushing for the state to increase the cap on financial compensation for malpractice suits.
Source: contracostatimes.com, California family settles with Kaiser over 10-year-old’s death, pushes for higher cap, Jason Henry, Jan. 16, 2014
