24 August 2008
The Short End
08/25/08 11:07 Filed in: Medical
Malpractice
Dr.
Zee misread and failed to communicate a rising PSA
(prostate specific antigen) tests in Paul. Dr. Zee’s
patient came in every year for his annual check-up
and PSA test. Every year Dr. Zee’s patient, Paul, did
exactly what he was supposed to do. Sadly, recent and
rapid rise in PSA over a two year period called for
serious intervention to diagnose a cancer present in
Paul’s prostate. Dr. Zee completely failed to
communicate and identify the rising PSA. By the time
it was caught, a radical prostectomy was the result.
More alarming, the cancer had spread beyond the
prostate. Paul now had a likely life expectancy of
6.5 years.
We represented Paul. And, despite doing everything right, Paul gets the short end of the stick not just once, but twice. First, Paul gets betrayed by a healthcare system and physician. Paul held up his end of the bargain. He kept his annual appointments and believed the healthcare professionals when they told him he was fine. Second, even after hiring a lawyer, Paul gets betrayed by the legal system.
In Utah, the medical malpractice damages cap for Paul was set at $430,000 (annual adjusted setting) for his pain, suffering and loss. He can recover no more than that. Worse, his family, who will ultimately lose Paul to cancer, can recover no more than that either because the statute of limitations will have run by the time the cancer kills him. Don’t believe the hype and the public relations assault brought by insurance companies who shout “jackpot justice” or “runaway verdicts” are crippling this nation. Truly crippling this nation is the advancement of insurance company profit at the expense of people like Paul. So, betrayed once by the healthcare system and betrayed a second time by insurance company manipulation of our legislative and judicial process, Paul and his family must now face a grim future with limited financial resources.
NOTE: The names above have been changed to protect confidentiality.
We represented Paul. And, despite doing everything right, Paul gets the short end of the stick not just once, but twice. First, Paul gets betrayed by a healthcare system and physician. Paul held up his end of the bargain. He kept his annual appointments and believed the healthcare professionals when they told him he was fine. Second, even after hiring a lawyer, Paul gets betrayed by the legal system.
In Utah, the medical malpractice damages cap for Paul was set at $430,000 (annual adjusted setting) for his pain, suffering and loss. He can recover no more than that. Worse, his family, who will ultimately lose Paul to cancer, can recover no more than that either because the statute of limitations will have run by the time the cancer kills him. Don’t believe the hype and the public relations assault brought by insurance companies who shout “jackpot justice” or “runaway verdicts” are crippling this nation. Truly crippling this nation is the advancement of insurance company profit at the expense of people like Paul. So, betrayed once by the healthcare system and betrayed a second time by insurance company manipulation of our legislative and judicial process, Paul and his family must now face a grim future with limited financial resources.
NOTE: The names above have been changed to protect confidentiality.
