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Cap on medical malpractice payouts in question

Those in Ohio may be interested to hear about doctors' failure to treat infections that led to a little boy having a brain hemorrhage. The 2-year-old boy's parents were told that he was suffering from meningitis, but this incorrect diagnosis led to further complications.

On September 3, a report about the Californian family fighting a California law capping a medical malpractice lawsuit award at $250,000 was released. In 1994, the couple had awarded the family $7.1 million in compensation for injuries and medical costs; however, the law limited them to receiving only $250,000.

The case came to court because the child had been taken to the hospital numerous times, and doctors had run tests and blood work determining that he had bacterial meningitis. However, that was not the case. The child suffered from a brain hemorrhage from a brain abscess as a result of a continually untreated infection. The infection left the boy unable to see, eat, walk, or speak.

The family is arguing that the law, which was passed in 1975, is unfair because it has not changed according to the current cost of living and with inflation. If it had, they suggest that it would have amounted to $1.1 million. Although the boy's mother believes that money cannot make up for the loss of physical abilities, the money may have stretched further than what they received, allowing for more care options for her son.

Although this case is located in California, Ohio also has caps on some forms of medical malpractice lawsuit payouts. If you or someone you love have been injured and misdiagnosed or received poor medical treatment, it's important to seek more information. You may have a right to compensation that will help cover medical bills and pain and suffering.

ABC 10 News, "Victims of medical malpractice call for California law to be changed" Ashlee DeMartino, Sep. 03, 2013

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