Case Study - Business Law

Case Study:

Facts: Woman went to the hospital to give birth. She had schedule a cesarean section procedure for this day. Doctors and nurses got her ready for the surgery.

Before starting the surgery, woman complaint of stomach pain and also told the doctor that he could still feel everything.

Doctor explained to the patient that they have already applied the correct amount of anesthesia required. That she needs to relax, that it was all in her head.

Doctor started to operate and woman started to screamed and told him he could feel the cuts. Doctor proceed to call husband into the surgery room and asked him to calm her down.

After the surgery they found out the anesthesiologist forgot to applied the anesthesia to the patient. Woman had the procedure done with no anesthesia. Baby was born healthy. And doctor confessed to the couple hours later that he was had a very stressful day, he had schedule many surgery for the day and was worried about being able to complete all of them. This is a case of medical negligence.

My Verdict:

I thought that a fair settlement could be between 1 or 3 millions dollars. However, after looking up similar cases in the internet I think she should received between 200,000 to 400,000 dollars.

Some costs may include therapy, laywer’s fees. In this case the amount would not be as high as if she had physical injuries. However, there are other costs resulting from this mistake, like mental anguish, legal fees, psychological therapy.

Example of other settlement amounts:

2.5 Million Settlement in Psychiatrist Negligence Case: 4 year old girl lost her life due to a prescription drug overdose

5.5 Million Awarded to Mother for Birth Malpractice: To mother whose son was born with Brain Damage caused by a failure to perform immediate c-section.

2.1 Million Jury Award for Wrongful Death: Due to the hospitals failure to treat a boy admitted for respiratory illness stemming from pneumonia in a timely manner, he lost his...