In our modern society it seems like people are constantly rushing about with their daily business. In the medical profession, appointment times are shorter and physicians can be rushed. Sometimes a thorough and accurate diagnosis does not happen and there is a failure to recognize of a serious condition.
Texas residents may have heard of a man who has been awarded $2.88 million in a malpractice case against a pain clinic because of their failure to recognize an infection in the man’s back. The victim suffered from lower back pain which led him to seek help from the PainCARE clinic in Overland Park in May 2008. At that appointment one of the physicians injected medication in his back that helped to alleviate his pain. In December 2008 the pain returned and the man received a second round of injections. The medicine he received at that time did not work so he returned again in early January 2009 where a different physician gave him an epidural steroid injection in his lower back. Soon after the injection a lump appeared at the injection site. The clinic told him it was normal to have swelling. 8 days after receiving the steroid injection he went back to the clinic and received another injection. He mentioned his swelling to the nurse and she talked to the doctor who said it was fine. He received the second injection and soon afterwards his health deteriorated.
The man wound up with meningitis caused by the second injection passing through the infected area from the first injection and infecting his spinal cord. He managed to survive but suffered from overwhelming spinal injuries including difficulty walking, impotence, no control over bladder or bowels, and constant pain. He eventually wound up taking his own life and his parents took his case to court. They were awarded the large settlement for the pain and suffering their son suffered because of a negligent physician.
When a person faces a worsened condition due to a negligent physician it is important for the victim to know their legal rights. Compensation is available for these situations to assist with long-term care, medical expenses, pain and suffering, etc. It is important to hold these medical professionals accountable for their negligent actions so that they are not allowed to hurt anyone else.
Source: The Kansas City Star, “Johnson County jury awards $2.88 million in malpractice case against pain clinic”, Alan Bavley, April 6, 2014
EXPERTLY REVIEWED BY
John A. Davis, Jr. and Steven R. Davis
August 4 2023
Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.
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