Personal Injury Law

Medical Malpractice Lawsuit Ends in $2.5 Million Settlement

By Steven M. Levin and John J. Perconti

Boston.com reported last month on the culmination of a tragic legal battle alleging medical malpractice following the death of a 4 year old girl.

The young female victim died after her psychiatrist at Tufts Medical Center prescribed her an overdose of a psychiatric drug. The medication error involved pills that were intended to help handle the girl?s claimed hyperactivity disorder and bipolar illness. The medical professional reached the settlement after the victim?s parents were convicted in criminal trials of recklessly dispensing the drugs to their daughter.

There remains much confusion over the psychiatrist?s role in the death. The doctor had diagnosed all three of the family children with the disorders, prescribing them all mood altering drugs. Testimony indicated that the doctor was fooled by the parents into believing that the children had the problems, even though objective evidence showed little signs of medical issues. The parents were seeking the diagnosis and mood-altering drugs so that they could collect federal disability checks.

Besides the $2.5 million payment, the settlement agreement requires the medical facility to set up educational and outreach programs to ensure that similar tragedies are caught before lives are destroyed. As the judge in the case explained, ?there is no amount of money that can right this wrong.?

The settlement will go to the girl?s two siblings with whom she lived before her death. Those children?s lives have obviously been turned upside down by the death of their sister and arrest of both parents.

Full post as published by Illinois Medical Malpractice Blog on February 22, 2011 (boomark / email).