Medical Negligence Causes Permanent Paralysis

April 10, 2014

Medical Negligence Causes Permanent Paralysis

Article provided by Greene & Eisen, Co. L.P.A.
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In the recent case of Barker v. Emergency Professional Services, Inc. et al., a group of friends were enjoying a summer day at the host family's lake house, diving off a board into the lake. When one of the guests did not immediately surface, his son jumped into the lake and pulled him out. CPR was administered, 911 was called, and the man was transported emergently to the hospital.

Upon arrival, the man was unconscious. Unfortunately, the emergency room doctors failed to recognize that the man may have suffered an injury to his neck, and they negligently failed to immobilize his cervical spine. The doctors also failed to order appropriate radiological studies, and failed to order a consult with trauma services. As a result of the doctors' mistakes, the man ended up a quadriplegic.

The man (and his family) brought a medical malpractice lawsuit against the doctors and the hospital, claiming that they negligently failed to properly diagnose and treat his condition, which caused him to suffer a permanent spinal cord injury. The family did not seek any damages, however, from the owners of the lake for any injuries that may have occurred before the man was brought to the hospital.

Negligent Doctors Try to Shift Blame

The doctors (and hospital) refused to accept any responsibility for the man's injuries. Instead, they attempted to blame the blame the patient, as well as the owners of the lake house. Indeed, the doctors and hospital filed a lawsuit against the property owners, claiming their lake was a nuisance and endangered the public. They also claimed that the failure to maintain their premises was the sole cause of the man's injuries, and sought contribution from them for any money they may have to pay to compensate the man for his injuries.

In response, the property owners argued that they could not be sued based on the Ohio recreational user immunity law, which provides that the owner of private property used for recreational purposes does not owe any duty to keep the premises safe, and does not assume any liability for the actions of a recreational user that results in injury.

The trial court agreed that the lake owners could not be held responsible for the man's injuries. The court also rejected the doctors' attempt to obtain contribution from the property owners based on negligent acts occurring before any medical treatment. Therefore, the medical providers were not permitted to bring any evidence of the diver's alleged negligence or misconduct into the medical malpractice case.

Multiple Parties and Differing Theories of Recovery

The Barker case illustrates how complex and difficult it can be to obtain compensation for medical injuries. There is usually more than one medical provider involved, and there can be defenses and suits against third parties (as in this case). Despite the anguish and emotional distress involved with catastrophic injuries like what happened to the diver, families of an injured person need experienced and diligent representation to sort through the legal maze.