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Jamie G. Goldstein
Jamie G. Goldstein
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Jury Awards Less Because of Push for Tort Reform?

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A jury in Madison Country recently awarded James Halloway $450,000 because he suffered from a botched spinal x-ray. The man was injected with the wrong x-ray dye which caused severe complications, including a two week hospital stay. The defendant doctor admitted to injecting the Halloway with the wrong chemical dye but said that his injuries were not related to the dye.

James Halloway’s attorney argued that

today he uses a walker. Halloway claims debilitating pain, spasms, bladder problems, sexual dysfunction and more as a result of the test.

An expert confirmed that these symptoms and conditions are all possible side effects from the wrong dye being administered to Halloway.

Halloway’s attorney believes that the jury significantly limited the amount of recovery because of recent stories surrounding medical malpractice lawsuits, and he is not alone in his belief.

It is becoming all too common for juries to return low verdicts or verdicts in favor of the defendant in medical malpractice lawsuits. These results are not because doctors are getting better at what they do; it’s that they are getting better at how they fight the lawsuits. The way they fight them is not by showing that were not at fault, instead they fight them by inundating the public with misrepresentations about medical malpractice lawsuits and frivolous lawsuits and that somehow these lawsuits are affecting doctors’ insurance premiums.