Compassionate Counsel. Committed Advocacy

Improper medical treatment can result in personal injury claims

On Behalf of | Sep 12, 2019 | Personal Injury

Children can be rambunctious, active risk takers. It is in their nature and on occasion it will result in an accidental injury that requires medical attention. Such was the case of a 2-year-old in Louisiana. The child had been playing on a trampoline and fell and broke his arm. He was taken to the hospital and treated, but the outcome led to a personal injury case.

The child was treated by a doctor in a training rotation. The doctor set the boy’s arm and applied a cast. After only a few hours, the child’s arm began to swell significantly. The family brought the boy back to the hospital to be examined by the doctor who treated him but were sent home after being told there was nothing wrong. After two more visits, the cast was removed and the injury checked, by which time permanent damage had been caused.

The doctor who treated him appeared to have applied a substandard cast with a splint that constricted blood flow. This caused permanent nerve and muscle damage to the arm. The case went to trial and the jury awarded the boy, who is now 19, $10 million in damages. Louisiana has a $500,000 cap on damage awards but because the Michigan doctor was not properly registered under the state’s malpractice provisions the cap may not apply.

Children get injured. Parents trust doctors to have the knowledge and skill required to deliver the necessary treatment. Failure to appropriately administer that care can result in personal injury and lead to a medical malpractice lawsuit in Louisiana. Doctors are not infallible but are expected to exercise great care and judgment in ensuring to the best of their ability that their patients receive the appropriate standard of care.