As the lawsuit progressed, it became apparent that the plaintiff began to focus the case on the surgery center itself. Recall that both surgeons, the anesthesiologist, their employers, and the surgery center itself were named defendants.
The surgeons were initially scrutinized for their decision to operate at an outpatient center. The report from the Department of Public Health suggesting that they performed an operation that was not allowed under the surgery center’s bylaws (whether erroneous or not) did not play in their favor. However, both surgeons were ultimately dismissed from the lawsuit.
The anesthesiologist and surgery center were left as defendants. To most medical professionals, it seems obvious that the anesthesiologist should bear the majority of the liability. In fact, she had admitted that her error had caused the patient’s death! There was no material dispute that she committed the fatal error. However, in a twist that will surprise many readers, the anesthesiologist was also dismissed from the case.
This left the surgery center as the final defendant. We can only guess at the plaintiff attorney’s strategy, but it is highly likely that they felt that they could get the largest settlement from the surgery center. The plaintiff made an initial offer to settle the case, for a sum of $19.5 million dollars.
The surgery center’s attorneys rejected this and made a counter offer to settle for $2.5 million dollars. The two sides could not agree on a sum, and the case continued toward trial.
Shortly before proceeding to trial, the two sides ultimately agreed on a settlement. The exact amount of the settlement is confidential, but it is very likely that it fell somewhere between the two offers.
The legal and financial outcome in this case may be surprising to readers with limited understanding of the medical malpractice industry. These lawsuits often do not conclude based on a physician’s understanding of justice; the final legal outcome is often primarily driven by pursuit of financial gain operating under a façade of justice.
Indeed, some doctors have found an unusual form of relief in understanding that medical malpractice lawsuits consist primarily of lawyers fighting over insurance money. The physician’s role is a hybrid between a bystander and a pawn in the legal chess game.
In the next post, guest toxicology expert Dr. Justin Corcoran covers the basics of lidocaine toxicity and what to do if you find yourself in a similar situation.
If you’d like to see the legal outcome from additional cases, you’ll want to read the Legal Case Review eBook. It explores the legal proceedings behind 3 extra malpractice cases, and includes 348 pages of content.