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Brain injuries are not only caused by blows to the head, sharp objects, or falls; they can also result from medical treatment of conditions not directly related to the brain. Medical errors during treatment for various health issues, such as respiratory or cardiac conditions, can lead to complications like oxygen deprivation or improper medication administration. These complications may cause significant brain damage, impacting cognitive and physical functions. Recognizing the diverse causes of brain injuries underscores the importance of diligent medical care and monitoring, as well as the need for legal recourse when medical negligence leads to such devastating outcomes.
In Redish v. Adler, 195 A.D.3d 452 (N.Y. App. Div. 2021), the Supreme Court, Bronx County, considered a medical malpractice claim involving allegations that the plaintiff suffered serious brain injuries following treatment for an asthma attack.
Background Facts
The plaintiff, Keimoneia Redish, was admitted to the hospital for an asthma attack. During her treatment, she suffered from fluid overload, kidney failure, acidosis, and hypercapnia. Unfortunately, these conditions led to cerebral edema and seizures, causing permanent brain injury. The case revolved around allegations that the attending physicians, including Dr. Darryl Adler and others, departed from accepted medical practices, which substantially contributed to the plaintiff’s injuries. The jury awarded the plaintiff $7 million for past pain and suffering and $23 million for future pain and suffering.
The defendants appealed the jury’s verdict that found them liable for deviating from accepted medical practices, which caused the plaintiff’s brain injury. They also contested the amount of damages awarded for pain and suffering and the trial court’s denial of their motions to set aside the verdict.
Issue
Whether the doctor defendants deviated from good and accepted medical practice in their treatment of the plaintiff, and if such deviations were a substantial factor in causing her severe brain injury.
Holding
The jury found that the doctor defendants did indeed deviate from standard medical practices, and these deviations were a substantial factor in causing the plaintiff’s brain injuries. The court also had to decide on the appropriate compensation for the plaintiff, initially awarding her $7 million for past pain and suffering and $23 million for future pain and suffering.
Rationale
The Supreme Court’s rationale for modifying the jury’s award and granting a new trial unless the plaintiff agreed to a reduction in damages was based on several key considerations. Firstly, the court examined whether the jury’s verdict on liability was supported by legally sufficient evidence. It concluded that the jury had a rational basis for finding that the doctor defendants deviated from accepted medical practices and that these deviations were a substantial factor in causing the plaintiff’s brain injuries. This conclusion was backed by the detailed testimony of the plaintiff’s expert, who pointed out specific failures in the doctors’ treatment protocols.
However, the court found that the damages awarded for pain and suffering were excessive when compared to precedents in similar cases. The original jury award of $7 million for past pain and suffering and $23 million for future pain and suffering was deemed to materially deviate from what would be reasonable compensation. The court highlighted that while the plaintiff’s injuries were severe, the amounts awarded needed to align with compensation in comparable cases to ensure fairness and consistency in judicial decisions.
Moreover, the court recognized the necessity of a collateral source hearing to determine the extent to which other sources might cover the plaintiff’s medical expenses, which could impact the total damages owed. This comprehensive approach aimed to balance fair compensation for the plaintiff with adherence to legal standards and precedents.
Conclusion
If you or someone you know has suffered from a brain injury due to potential medical malpractice, it is critical to seek legal guidance. Contact an experienced New York brain injury lawyer who can provide comprehensive advice and represent your interests in seeking the compensation you deserve. Ensure your rights are protected by consulting a professional who understands the complexities of medical malpractice and personal injury law.