Personal Injury Law

1.2 million Awarded to widow in Malpractice trial

When we are sick or in need of medical care, and treatment, we except doctors, nurses, and other medical professionals to help deliver the best care possible. Unfortunately, in many cases, malpractice occurs and serious injury and even death can be the result. Malpractice cases can occur anywhere, even to the residents of Tennessee.

In this case, Michael Scarpa, a 55 year old retired Long Island Rail Road Worker of Tunkhannock, died on April 16, 1999, two days after coming into the Tyler Memorial Hospital?s emergency room with complaints of chest pains and vomiting for three days. The doctors told him to take cough medicine, rest, and see his family doctor in two days.

After his death, the autotrophy showed that he had suffered from an ulcerated esophagus and the cause of death was sepsis, or blood poisoning, caused by a perforated esophagus that allowed food to enter his pleural cavity. His widow then decided to file a malpractice lawsuit against the hospital and the two doctors that he saw. The attorney for the case said that his ?agonizing" death was caused by negligence and carelessness on the part of the hospital and the doctors.?

The jury found the hospital to be forty percent responsible and Dr. Lubin one of the doctor?s 30 percent responsible, Dr. Coster twenty percent responsible and Mr. Scarpa himself to be ten percent responsible. They found the victim to be ten percent responsible due to the fact that he failed to tell Tyler Memorial Hospital about his esophageal surgery two years before.
The jury awarded Mr. Scarpa?s widow 1.2 million, but the attorney is intending to file for ?delay damages? which could bring the total awarded amount to 1.9 million. Before retiring, Mr. Scarpa bought a home in Lackawanna County.

Full post as published by Tennessee Law Blog on April 28, 2010 (boomark / email).