With the court system, there are often several steps that determine the path of a medical malpractice claim. Ideally, a person brings their claim to court where a favorable outcome is reached the first time. However, admittedly, it isn’t always that quick and easy. Sometimes, appeals or denied motions can stand in the way.
However, the result of a recent medical malpractice claim is proof that those affected by medical malpractice shouldn’t give up. The victim filed suit against the University of Pittsburgh Medical Center over complications after spinal surgery. The case was originally dismissed by a lower court when it mistakenly found in favor of the defendant. The issues in the suit were bifurcated by the higher court to allow the real issue of medical negligence to be heard.
This particular case had issues of medical malpractice and legal malpractice, with issues against the previous prosecuting attorney. Now that the issues have been bifurcated, the true medical malpractice issue can be handled. Since the original trial court abused its discretion when hearing this case and issuing the verdict, the issue of negligence has been reprimanded back to the lower court. This will allow the victim a right to the fair trial they deserve.
Sometimes, mistakes in health care happen and they can have terrible consequences for the victim. Injuries can be short and long-term, which makes medical malpractice damages even more important. Medical care missed work and permanent disability can all play factors in the amount of damages sought.
Source: law.com, “Superior Court Revives Bifurcated Med Mal, Legal Mal Case,” P.J. Dannunzio, January 8, 2018