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Brain Injury leads to multimillion dollar medical malpractice verdict.

Brain injuries can have a devastating impact on the lives of their victim; rendering them unable to enjoy life and in some situations severely disabled.  The largest personal injury verdict in 2006 involved a man who was severely crippled as the result of brain damage suffered during a stroke.  Had it not been for the gross negligence of the emergency room staff, who failed to diagnose his stroke and take appropriate action, his injuries could have been avoided.

On August 9, 2000, Alan Navarro, a 44 year old father, went to an emergency room in Tampa Florida complaining of intense pain in his head.  Along with the pain he was feeling dizzy nauseous and confused all classic signs of an in progress stroke.  At the hospital he was examined by an unlicensed physician's assistant who had failed the state licensing exam. 

The Physicians assistant concluded that he was suffering from a sinus infection and gave him medicine for this condition.  The on-duty doctor consented to the diagnosis, but did not examine the patient himself.

The following morning Navarro awoke to unbearable pain in his head, his vision was blurred and he had trouble walking.  He was admitted to the emergency room at 6:00 in the morning, but his stroke was not properly diagnosed until that afternoon.   Between his first appearance at the emergency room and his treatment the following day the patient suffered critical brain damage.

During surgery to reduce swelling in his brain Navarro fell into a coma that lasted four months.  When he awoke from the coma he was paralyzed in three limbs and has only limited use of one hand.  He is permanently confined to a wheelchair and unable to control his bladder or his bowels.  These severe limitations could have been prevented had he been properly treated when he first arrived at the hospital.

The defense's culpability was exacerbated by a deliberate attempt to hide the facts of the case.  During initial testimonies, the doctor claimed that he had examined the patient himself.  Throughout the early stages of litigation the defense insisted that the misdiagnosis had been made by a licensed physician.  However, when the doctor was questioned for the second time, he admitted that he had never personally examined the patient.

Recognizing the devastating impact of the defense's negligence, the jury  awarded $216 million to the plaintiff.  Compensatory damages were assessed at $116 million and punitive damages were $100 million.  The blatant disregard for professional duty along with the attempt to hide the true facts of the case contributed to the huge damages.

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Articles about Personal Injury Law

All about Head Injury Lawsuits in USA.
Head injury is a trauma to the head that may include injury to the brain and other parts of the head, such as scalp and skull. Head injury includes traumatic brain injury (TBI). These injuries can be life altering causing severe intellectual impairment, physical...  more

All you want to know about Chicago personal injury lawyer and accident injury claims
Personal Injuries can take place at any time and at any place in Chicago. You could be at your work place, at home, or even out in a shopping mall. There is no telling where or how a personal injury may happen, or who may be at fault. In order to properly...  more
Useful Tips
What should you do in a slip and fall accident?
A good personal injury lawyer will tell you that since slip and fall accidents are very hard to prove in court, it will be to your advantage to collect as much evidence as possible on the scene of the accident. If there are any witnesses, it will be a good idea to gather their personal information, also ensure that the establishemnt makes an official recording of the accident in a site report or daily register. If you can take photos of the scene, it will also greatly help. Speaking to a responsible person in the orgranization about the accident and asking them to take an official note of it can be very helpful. If you intend to file a claim for damages or compensation, we suggest you to hire a good personal injury lawyer.

What compensation can I seek for a bus, train, ferry or plane accident?
A good personal injury lawyer will tell you If the transport is a common carrier that travels between states, it is governed by the federal Government. If the transport only travels within a State and is a State public transport, it is governed by the State Government. You must also ascertain whether the carrier is a common carrier (one which is open to the public), as the procedures related to common carriers are established for public betterment. If you intend to file a claim for damages or compensation, we suggest you to hire a good personal injury lawyer.






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