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Jury Awards Widow $6.7 Million in Medical Malpractice Lawsuit

July 7, 2011

According to a recent article in the Bangor Daily News, a Maine jury awarded a woman whose husband died after an ATV accident more than $6.7 million in a medical malpractice lawsuit against Eastern Maine Medical Center and Dr. Lawrence Nelson according to court documents.

The lawsuit was filed by Paula Bradley in 2009, after death of her husband; Thomas Braley. Braley was flown by LifeFlight to Eastern Maine Medical Center on May 6, 2005 after an ATV accident. The jury found that Eastern Maine Medical Center, the center' doctors and nurses, and Dr. Nelson were negligent in the death of Braley. The trial concluded after six days at the Penobscot Judicial Center.

According to court documents, Braley was injured after a rollover crash on an ATV. He suffered several broken ribs, along with other injuries, and there was indication of internal bleeding from CT scans ordered by the emergency department physician. Court documents alleged that the doctors caring for Braley failed to follow up on the preliminary indications of internal bleeding. They did not issue an order for follow-up X-rays to monitor the internal bleeding. Over the course of the nest 36 hours following his admission to the hospital, the severe internal bleeding caused one of Braley' lungs to collapse. The lack of oxygen precipitated a massive heart attack, from which he died, according to the family' attorney. The attorney argued that Braley' death may have been avoided with the placement of a chest tube for drainage of accumulating fluid.

The jury awarded a total of $6,711,000 in damages in the following amounts, according to the verdict: $11,000 for funeral and burial expenses, $1 million for Braley' conscious suffering before his death, $1.2 million in loss of economic support, and $4.5 million for loss of companionship and emotional distress.

Chicago medical malpractice attorneys have also received jury awards over $5 million dollars in similar cases, however each case is different and must be evaluated based on its own unique set of circumstances.

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