• Profile
Close

US court overturns $21 mn damages for wrong brain surgery on Indian woman

IANS Feb 17, 2018

A court has overturned the $21 million awarded to the family of a woman of Indian descent who was operated on her brain instead of her jaw because of a hospital mix-up, according to media reports.


In its decision, The Michigan State Supreme Court cited a technicality in the way the lawyers for the family of an 81-year-old woman framed the case, which originally got them the multi-million-dollar award from a lower court jury, The Washington Post reported on Friday.

In 2012, the woman was admitted to the Oakwood Hospital in Dearborn for treating a dislocated jaw, the Detroit Free Press reported. But because her CT scan was mixed up with of another patient who had a skull fracture and bleeding in the brain, she was taken into an operating theatre. Surgeons drilled five holes in her skull, sawed a part of it and then replaced it after they found no bleeding or fracture, the newspaper said. She died six months after the surgery and the family won the $21 million award in 2015 with the lawyers claiming it was a case of negligence by the hospital.

The award was first thrown out on appeal by a higher court in 2016, which said it as a case of medical malpractice, where rules are different and there is a cap on the maximum that can be awarded as damages, and not negligence, where there is no limit on damages. Upholding that verdict, the Supreme Court blamed the family's lawyers for arguing that the woman's death was the result of ordinary negligence, instead of malpractice. Chief Justice Stephen J. Markman wrote that it was a colossal blunder, the Post added.

Only Doctors with an M3 India account can read this article. Sign up for free or login with your existing account.
4 reasons why Doctors love M3 India
  • Exclusive Write-ups & Webinars by KOLs

  • Nonloggedininfinity icon
    Daily Quiz by specialty
  • Nonloggedinlock icon
    Paid Market Research Surveys
  • Case discussions, News & Journals' summaries
Sign-up / Log In
x
M3 app logo
Choose easy access to M3 India from your mobile!


M3 instruc arrow
Add M3 India to your Home screen
Tap  Chrome menu  and select "Add to Home screen" to pin the M3 India App to your Home screen
Okay