Medical Malpractice Judgments Complicated for Some

If you have been harmed as a result of medical malpractice, you likely are anxiously awaiting the moment that a judge resolves your case.  Unfortunately, medical malpractice judgments are complicated for some clients, and do not always signal an end to the legal journey.  There are numerous factors that may complicate the medical malpractice litigation process.

Read on to learn more about why medical malpractice judgments are complicated for some clients.  If you have questions or concerns about a medical malpractice case you are involved in, the Houston medical malpractice attorneys at MedMalFirm.com can offer help.

Complicated Judgment Example Case

One news story that gained a lot of attention, and highlighted complicated judgments, was that of a Georgia man who was awarded one of the largest medical malpractice judgments in state history.  Filed in 2012, the medical malpractice lawsuit alleged that a doctor was negligent while performing a controversial heart valve replacement procedure known as a Ross procedure.  The patient underwent surgery in 2010 at a hospital in Rapid City, South Dakota.

The lawsuit claimed that during surgery air bubbles entered the patients arteries, traveled to his brain, and caused “catastrophic and permanent” brain damage.  It is further claimed that the surgeon failed to disclose certain vital information to the patient prior to surgery.

Just 21 years old at the time, the patient is now severely disabled and requires constant supervision and care.  Early in March 2017, a judge entered a judgment in the amount of $13.5 million in favor of the plaintiff.  The judgment amount was based on past and future medical expenses, life care, and loss of future earnings.

Where the judgment gets complicated is the fact that the surgeon has significant financial troubles, and has a history of legal battles affecting his ability to pay.  The now 78-year-old surgeon has previously failed to make “timely responses” on another medical malpractice claim in which he represented himself.  This prior medical malpractice claim was filed by the estate of a former patient who died after the surgeon performed the same procedure on her in 2008.

Due to a multitude of legal, civil, and even criminal allegations, the surgeon was restricted from practicing medicine in 2015.  His ongoing legal and financial trouble is now threatening to cause further anxiety and ongoing frustration for the family of the plaintiff involved in the recent lawsuit.

Potential Complications for Medical Malpractice Judgments

There are certainly complications that can affect your ability to collect a judgment entered in your favor.  While we all hope this never happens, it is best for clients to understand all possible outcomes in the litigation process.  Talk to your attorney early in the litigation process if you have questions or are worried about complications with collecting a judgment.

If you sue someone and they will not, or in some cases cannot, pay, you may end up involved in the legal process for longer than you anticipated.  Judgments are like many other forms of debt, and the court can take aggressive measures to make sure that the payer meets his or her obligations.  If applicable to your case, the court may attempt to garnish their wages, seize assets, or restrict the judgment from being discharged in bankruptcy proceedings.

Depending on the facts of your case and the person(s) you have filed a lawsuit against, there are many ways that complications can be overcome.  The actions taken against individuals may include:

• Having wages garnished. Individuals or businesses may forfeit up to 25 percent of their earnings.
• Property being seized and sold. Individuals may lose real estate, vehicles, art, or other valuable property.
• Individuals who fail to meet judgment payments may have their stocks, bonds, or bank accounts garnished or seized.
• Individuals who currently have no assets, but who are expected to in the future, can still be required to make judgment payments.
• Those who are professionally licensed, who do not meet judgment payment requirements, may be subject to losing their license for failure to pay.

The only way to determine the options most suitable for your case is to consult with your medical malpractice attorney.

Getting Help with your Lawsuit Questions

The key to overcoming obstacles in your legal case is having the help of a skilled medical malpractice attorney on your side.  At MedMalFirm.com, our experienced attorneys are poised to tackle any challenge.  We have successfully litigated numerous medical malpractice cases with just as many unique challenges and complexities.  Medical malpractice judgments may sometimes seem complicated, but you can rest assured that our attorneys will fight aggressively to get you the compensation you deserve.

To find out more about your case and legal options, contact our office to request a free consultation  Fill out our online form and one of our staff members will be in contact shortly.