Doctor Held Responsible for Death of Patient
The state’s highest court recently ruled that doctors can be held responsible for negligence that reduces a patient’s chance of survival.
The ruling was reached after much deliberation and state’s that the doctor can held accountable even if the patient’s prospect for recovery is less than 50 percent.
Supreme Judicial Court Recognizes Victims Rights
According to medical malpractice attorneys, the Supreme Judicial Court’s (SJC) ruling helps patients who previously had a minimal chance of collecting damages from their doctors.
“The SJC has finally recognized the rights of victims of medical malpractice to be compensated for…the loss of that person’s chance to survive a horrible medical condition that should have been properly diagnosed in the first place,” says David Angueira, a lawyer in Boston.
The court has set up a formula for juries to award damages that are in proportion to the reduced survival rate caused by the doctor’s negligence.
Unfortunate Case Brings About Change
The court’s latest ruling come in the aftermath of a case against a physician who reportedly overlooked a man’s stomach cancer, resulting in his untimely death.
The case was filed by the family of Kimiyoshi Matsuyama, who died from gastric cancer, against Dr. Neil Birnbaum.
A jury found Birnbaum guilty for negligence and the family was awarded $1 million on behalf of Matsuyama.
(Source: Associated Press)
Have you or someone you know been harmed by a doctor’s negligence? If so, please contact us today to speak with an experienced attorney who will evaluate your case and ensure that you and your loved ones’ rights are being protected.
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