Texans who have suffered due to medical malpractice may be able to acquire damages for their injuries. One woman who allegedly lost two limbs due to medical malpractice is suing the hospital and seeks monetary damages. The suit was filed against seven physicians and the hospital itself.
Doctors at the hospital performed a gynecological operation on the woman in 2009. The woman claims that her intestine was punctured during the operation, leading to an infection and blood poisoning. The woman had to have both of her feet amputated because of gangrene in her lower leg.
The question was where the case should be heard. The hospital in question filed a motion to move the lawsuit from the woman’s home county to the hospital’s county. The woman moved to the city in 2010, and that is where she filed the lawsuit. The hospital argued that there was not enough evidence to show the woman lived in that city when the suit was filed. They also said that the hospital’s county would be the most convenient venue because all of the witnesses who treated the woman currently work there or worked there in the past. The judge, however, disagreed and decided to deny the hospital’s motion. The hospital’s lawyers are currently reviewing the judge’s decision.
Medical malpractice occurs when a medical professional acts negligently and in turn causes harm to a patient. A jury will typically listen to experts that will testify as to whether the medical professional in question behaved according to the accepted standard of care. This will help the jury determine whether medical professional negligence has taken place. In these kinds of cases, the venue where the case is heard can be crucial to help determine the damages the plaintiff will receive.
Source: NYDailyNews.com, “Brooklyn woman whose feet were amputated in alleged medical malpractice gets her day in Kings County court,” John Marzulli, Dec. 13, 2012