The family of Malyia Jeffers has settled for $10 million with a Methodist hospital, after Malyia’s arms and legs had to be partially amputated after waiting for five hours to be treated by emergency room doctors.
According to reports, Malyia’s family first brought her to the hospital last November because she was running a fever and was becoming weaker from a strep infection. However, Malyia was left untreated for five hours while waiting in the hospital waiting room and when she was finally seen by medical personnel, they discovered that she was suffering from septic shock. She was immediately flown to Stanford Medical Hospital, but it was too late because the bacterial bloodstream infection had already devastated her body, resulting in the amputation of her feet, left hand and part of her right hand.
According to reports, the money awarded will go towards her current cost of living and care and the rest will be given to her on a monthly basis when she turns 18 in 2026. This isn’t the first time that a hospital has failed to provide care in a timely manner. For example, in 2008 49-year-old Esmin Green died on the floor of Kings County Hospital Center in New York from blood clots while waiting for medical attention.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.
3 Comments
Razia
Emergency rooms are the free source of health care in the US. It is a shame that someone with serious needs gets missed because of how many people are in the emergency rooms with non emergent needs. This is a common claim for medical malpractice insurance companies; failure to diagnose in a timely manner. I am curious though if the plaintiff will get 10M. I would assume this will settle for policy limits. I know the medical group is paying 1M (likely policy limits) but does the hospital really have policy limits of 9M?
Razia
David Mittleman
Razia....thank you for taking the time to read my post...this was a settlement that all interested parties agreed to....i am sure the hospital either has adequate resources or coverage for the settlement amount...no doubt the injuries here merit far more consideration,but as most settlements go,it was a compromise.
Razia
Thanks David for the quick response. That has to be one of the largest settlements for medical malpractice insurance this year. How does the California tort reform come in to play on a case like this? I thought the awards were limited because of tort reform?
Razia
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