Seeking Damages Beyond the Acute Treatment for Your Accidental Injuries
Iatrogenic illnesses and injuries are those caused by medical treatment. They are not the same thing as medical malpractice. Rather, they occur when doctors adhere to the standard of care, but common or even unavoidable complications or side effects occur. For example, hearing loss is a side effect of a drug commonly prescribed to organ transplant recipients to prevent their bodies from rejecting the transplanted organ. Likewise, reduced mobility near the site of the surgery is a natural consequence of spinal fusion surgery. Even though the treatment, iatrogenic complications and all, leaves you in less bad shape than you would be in if not for the treatment, managing the side effects becomes part of your life, and sometimes it costs money to manage your side effects. You can include the costs of managing side effects and complications in the damages you seek if the original injury resulted from an accident caused by someone else’s negligence. If your new normal after a car accident requires you to manage symptoms that resulted from your treatment, contact a Fort Lauderdale auto accident attorney.
When the Cure Is Worse Than the Disease
In 2015, a librarian got hit by a car while she was riding her bicycle to work on Sanibel Island. She suffered a broken wrist and underwent emergency surgery, where doctors installed surgical hardware. Later, she suffered from post-traumatic arthritis and from bursitis, which is inflammation of the fluid-filled sacs in and near an injured joint. Both of these complications are common after surgeries involving surgical hardware.
In 2018, the victim sued the driver who caused the accident. The parties went to non-binding arbitration, and Anderson offered a $450,000 settlement, which would compensate Mitchell for the treatment of her acute injuries and for the medical leave she took from work while recovering from the emergency surgery. She did not accept the settlement and chose to go to trial.
At trial, it was argued that the settlement offer did not cover all her accident-related medical expenses and lost income. For example, it was because of the post-surgical arthritis and bursitis that she had to retire earlier than expected from her job. She was 62 at the time of the accident and had planned to remain a librarian for as long as her health permitted, but her employer fired her after multiple customers complained because she could not perform her job duties properly because of her chronic pain and limited use of her dominant hand. At trial, the jury awarded her $2.7 million. It took them less than half an hour to reach the decision. The award also included noneconomic damages for the loss of some of the use of her hand; for example, she could no longer ride a bicycle or make sculptures.
Set Up a Consultation Today
A personal injury lawyer can help you if you got injured when a car struck you when you were riding your bicycle. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-9919 to explore your potential recovery options today.
Source:
law.com/dailybusinessreview/2019/08/19/broward-lawyers-quadruple-arbitration-award-with-2-2m-verdict-for-cyclist-hit-by-car/
