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July 24, 2013Last week, a medical malpractice attorney won a $10 million award for a 60-year-old man because of an alleged misdiagnosis. Dr. Leo McCluskey was found negligent in diagnosing Eric Davenport with ALS, which is also commonly referred to as Lou Gehrig’s disease. According to the lawsuit, Dr. McCluskey didn’t perform tests and consult with radiologists before diagnosing his patient. Dr. McCluskey informed the patient that he had 18 months to three years to live, based on that incorrect diagnosis of ALS. From a Plantation Medical Malpractice Lawyer’s perspective, this is horrifying to read, as I’m sure it is for everyone else.
As a result of the misdiagnosis, Mr. Davenport will be in a wheelchair for the remainder of his life, suffering from permanent leg paralysis. It wasn’t until three years later than Mr. Davenport was properly diagnosed with spinal cord compression, at which point he had already made funeral arrangements. From a Plantation Medical Malpractice Lawyer’s point of view, Mr. Davenport’s emotional distress is best exemplified by the fact that he was already planning his own funeral.
Mr. Davenport’s medical malpractice lawyer argued that if his client had been properly diagnosed by Dr. McCluskey, that the condition would have been treatable with surgery. Thus, had he been properly diagnosed, Mr. Davenport would have been able to avoid, among other things, the resulting emotional distress and paralysis. As a Plantation Personal Injury Attorney, it is not difficult to see the connection between the misdiagnosis and the lifelong ailments that resulted.
The misdiagnosis was in effect a breach of the standard of care that is expected of a medical professional. Further, because of the misdiagnosis, Mr. Davenport’s actual condition was not treated, causing him to suffer from permanent leg paralysis. His damages were quite extensive, as evidenced by the jury’s decision to award him $10 million.
As a Plantation Medical Malpractice Attorney, I sympathize with Mr. Davenport’s pain and suffering. It is very regrettable that he was misdiagnosed and that he now must live the rest of his life in a wheelchair. However, it is somewhat reassuring to see that justice prevailed and that the jury recognized his ailments.