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A York County jury has awarded $23.87 million in a medical malpractice lawsuit to James Spangler, 58, of Manchester, who suffered catastrophic injuries following a spinal surgery at York Hospital.
Jury Verdict Research, a database of plaintiff and defense verdicts, says awards in medical liability cases increased 43 percent in 1999, from $700,000 to $1,000,000. However, more recent research from the U.S. Department of Justice has found that median medical malpractice awards in states range from $109,000 to $195,000. [28]
In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
The rationale behind this argument is that regulation of jury awards has substantially decreased (1) the average amount of the award and (2) the number of suits actually filed, but has not created a correlating decrease in malpractice insurance rates. (See RAND Report, supra.) Thus, the benefit to the public is negligible.
A grand jury awarded $4.25 million to a widower who filed a medical negligence and wrongful death lawsuit against a former Mercy Medical Center doctor.
A Johnson County jury awarded more than $97.4 million to the family of a boy who sustained brain damage during his birth at an Iowa City hospital.
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