Medication mistakes have a received a lot of attention lately as new evidence continues to roll out emphasizing the drastic scope of the problem. As explained, the most vulnerable victims of these errors are usually the elderly and infants.
A related story of deadly medical error was shared earlier this week by the Omaha World-Herald. The story explained how a new medical malpractice lawsuit has been filed by the family of a young child killed when she was given ten times the proper amount of blood thinner. The victim was just shy of her second birthday when she recieved a dose of blood thinner (heparin) far in excess of what was needed or could be handled by her still developing body.
The specific problem was caused by the local medical workers incorrect programming of the heparin infusion pump. The mistake was not corrected until five hours later, by which point the young victim was already in serious trouble. The overdose led to bleeding on the brain which took the girl’s life two days later.
The family has since filed a wrongful death lawsuit against the negligent facility which made the deadly mistake. In so doing they are also challenging the constitutionality of a state law which places a cap on the total amount of damage that a plaintiff can recover in one of these lawsuits. The family is suggesting that their due process rights are violated by the arbitrary limit of damage that a jury can find them to have suffered.
Our Illinois medical malpractice lawyers know the devastation that is wrought when egregious errors are made like this that takes the lives of children. Losses caused by clear mistakes on the part of medical professionals are strong examples of the folly of placing random limits on the awards that a jury can determine appropriate in any given situation. The basic procedural standards guaranteed to each party in a lawsuit demands that a jury be allowed to make decisions on the individual case in front of them and not because of arbitrary generalizations forced upon all from lawmakers.
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