Medical Malpractice Case Analysis

Please study the following case:
Medical malpractice lawsuits are all too familiar to physicians. Nearly half of family physicians (49%) say they’ve been named in a malpractice suit, according to Medscape’s latest Family Physician Malpractice Report. But fortunately, many cases never go to trial, and only a fraction of those end up with a win for the plaintiff.
But then again, some malpractice cases make headlines because of the hefty amount of the award or the stunning facts of the case (or both). Here are a few of those astonishing cases that have occurred in the past year.
Deadly infection in the NICU
Between July and September 2019, three premature infants died after an outbreak of Pseudomonas aeruginosa in the neonatal intensive care unit (NICU) at Geisinger Medical Center in Danville, PA. Five more infants were also infected but survived, although one sustained a permanent brain injury.
“That type of injury will require intensive medical care for the rest of that child’s life,” said attorney Matt Casey, who represented the family of the infant with the brain injury. The family had twins in the NICU—one with the brain injury and another who died. “While they are certainly heartbroken over the death of one of their children, they have a really long road ahead of them for the care of their child who survived,” Casey said.
The infection was traced to inadequately sanitized equipment used to prepare breast milk, which led to the contamination.
Geisinger recently reached a settlement with the families, the terms of which were not disclosed. As a condition of the settlement, Geisinger admitted fault—an action The New York Times characterized as “extraordinary.”
“Geisinger has taken this extremely seriously in their dealings with me on behalf of my clients,” Casey said. “They’ve taken unprecedented steps as a consequence of litigation to accept responsibility, not for simply the infections occurring, but for them being the legal cause of these [deaths and injuries].”
Geisinger president and CEO Jaewon Ryu, MD, JD, said in a statement: “The loss of a child is tragic, and this settlement can never replace these young children, however we believe we have taken the steps necessary to prevent future infections and spare other families from this loss.”
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