Personal Injury Law

Jury Selection Begins in Hospital Negligence Trial

By Steven M. Levin and John J. Perconti

Patients are contending that a hospital is liable for deaths after Hurricane Katrina because the hospital failed to adequately prepare for the disaster. This is the first trial that accuses a health-care institution of general negligence. Medical malpractice lawyers for the family hope to convince the jury that executives at the hospital were aware that generators were inadequate and deliberately put off costly emergency preparedness improvements. A 73-year-old victim wrongfully died after generators at the hospital failed. The fact that the case is labeled a negligence trial greatly affects the damages because Louisiana caps medical malpractice awards at $500,000 but does not impose caps in negligence trials. Hospitals must be ready for emergencies in order to avoid medical error. To read about the upcoming trial, please check out the link.

Full post as published by Illinois Medical Malpractice Blog on January 14, 2010 (boomark / email).