Question

Mrs. Stevenson was treated at the emergency room at Matthews Health, suffering from severe abdominal pain, nausea, and vomiting. The emergency room physician palpated her abdomen but did not order laboratory tests. She was discharged home with a diagnosis of indigestion and given medicine to lessen her symptoms. A day later, she returned to the emergency room with excruciating abdominal pain and worsening nausea and vomiting. At that time, she was diagnosed with a ruptured appendix, peritonitis, and septicemia. In this life-threatening condition, she was taken to surgery for an appendectomy and was given strong antibiotics for the next several weeks. Mrs. Stevenson filed a lawsuit against Matthews Health and the emergency room physician who discharged her home. Her attorney wants to seek economic and non-economic compensatory damages and punitive damages. Consider the following:

1.Mrs. Stevenson receives monthly disability payments. If she wins her lawsuit, what tort reform measure applies to the fact that she receives these payments?

2. What other tort reform measures might be applicable to this case?

Answer 1

1. LIMITS ON NON ECONOMIC DAMAGES tort form measure can be applied by Mrs. Stevenson if she wins her lawsuit. In this tort form the claimant can recover a claim amount of nearly two lakh twenty five dollars against health care providers who shown negligent behavior on her health. In other terms these damages are called as General Damages, and mainly focus on patient suffering with pain, disability and heath related losses. Due to negligent behavior of the doctors Mrs. Stevenson now undergoing for surgery of appendix, peritonitis which caused for emergency medical help. As of she can file a petition on the hospital and doctors for their blind mistake. This tort form helps patient to receive monthly payments.

2.  Other tort reform measures which an be applied in this case are :

* Evidence of collateral source payments

* Limits on attorney payments

* Periodic payments for future damages