Physician Botches Pediatric Lumbar Puncture, Family Collects; More
The family of a child who was partially paralyzed after receiving treatment at a hospital in the state of Washington will receive a $10 million settlement, the News Tribune reports.
A few months after she was born, the child of Chante Ramirez — identified by her initials "JL" in court records — was diagnosed with acute lymphoblastic leukemia. As part of JL's treatment, Ramirez brought her to Mary Bridge Children's Hospital, in Tacoma. The hospital is a member of MultiCare, a large not-for-profit healthcare organization. There, she was treated by a doctor who worked for Pediatrics Northwest, a multispecialty pediatric group with two offices in Tacoma and offices and clinics elsewhere in the state of Washington.
On August 3, 2017, the doctor administered a chemotherapy injection to then 13-month-old JL. Following the injection, Ramirez noticed that her child had become unusually irritable and had ceased moving her legs.
Ramirez requested that JL be evaluated. She was informed that her baby's spinal cord had been injured, resulting in partial paraplegia. Ramirez sued both MultiCare and Pediatrics Northwest.
According to a sworn declaration by one of her attorneys, the injury occurred because the doctor who had treated JL performed the lumbar puncture "higher than customary and most likely done at the T12-L1 level," which is a "clear violation of the standard of care" when injecting the lumbar region of an infant.
JL has undergone one hip surgery to improve her mobility and will likely need additional procedures in the years ahead, although she will always be wheelchair dependent.
A spokesperson for MultiCare declined to comment on the details of the case but did express the organization's "sincere sympathy to the Ramirez family," adding "we are so very sorry for their experience."
Pediatric Northwest didn't respond to the News Tribune's requests for comment.
New Proposal Would Make It Harder to Seek Punitive Damages Against Physicians
A proposal under consideration by Missouri lawmakers could have a major impact on whether punitive damages are awarded in personal injury cases, including medical malpractice suits, according to a report in the News Tribune.
The proposal, spearheaded by state Sen. Bill White (R), would place an additional burden of proof on plaintiffs seeking punitive damages in a personal injury lawsuit. (Punitive damages are intended to punish defendants for their negligence; compensatory damages are aimed at offsetting plaintiffs' losses.)
If the bill passes into law, plaintiffs seeking damages intended to punish a defendant would be required to submit convincing evidence at the beginning of the trial that the defendant had intentionally harmed them — that is, had acted in a willful, wanton, or reckless manner. In the absence of such proof, plaintiffs wouldn't typically be permitted to file for punitive damages.
In arguing for his proposal, White says that trial attorneys often pursue such filings to intimidate defendants into settling, because compensatory awards are covered by liability insurance whereas punitive damages aren't. (In Missouri, half the punitive damages awarded end up being covered under the state's Tort Victims Compensation Fund.)
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