A Fulton jury has awarded a compensation of $125,000 to the plaintiff in a botched breast implant repair case. This is well below the pre-trail offer the defense made of $200,000. The plaintiff should have accepted this amount it seems. They must be kicking themselves that they walked away from this amount.
In this case, the defendant, Dr. Brian Chadwick, had admitted that there were many violations of the standard of care after the implant had failed and burst through the woman’s skin. This is certainly nothing to smile about but it can be repaired and probably free of charge. $125,000 seems to about right in something like this, perhaps though this is around $30,000 too much or so.
That would be something to see or not see. Was she playing tackle football or perhaps engaged in other types of rough play that should not be mentioned.
Pain & Misery
The defense attorney, however, argued, that the underlying cause was not because of his client’s actions but a known complication of the surgery. His contention was that the compensation should be for the pain additional the suffering the patient had to undergo because of the errors made by Dr Chadwick and the additional expenses incurred by the patient to correct it.
Back and Forth
The defense also plans to file a suit for attorney’s fees under the offer of judgment statute. However, the plaintiff’s attorney plans to file an appeal on the original compensation awarded and rejects the application of the offer of judgment statute in this case.
When you are filing a suit for medical malpractice compensation, you need to retain the services of an experienced lawyer who can help you negotiate the best deal. The lawyer should be willing to file a court case or negotiate a deal with the defense to ensure the best interests of the client.
Pathetic Medical Care
As the jury awards the financial compensation in a medical malpractice suit, it is important to ensure that your medical malpractice attorney not only has a clear understanding of the law regarding this but is able to present a convincing case to the jury so that it will award the right financial compensation due to you for the pain and suffering you have undergone because of poor quality medical treatment.