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Michael A. KluthoBassford Remele, Minneapolis, MN

Member Achievement and Case News: Featured

New Trial on Med Mal Damages Cap

Monday, December 17, 2018   (0 Comments)
Posted by: Tom Jensen
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Head and neck injury from fall triggered cervical spinal surgery. Patient presented aspiration risk due to neck injury and brace. Swallowing problems leading to aspiration followed. Cardiac arrest followed aspiration pneumonia with sepsis. Jury returned a plaintiff's wrongful death verdict. Due to the "hopelessly uncertain" nature of the verdict form the jury did not answer whether defendants' conduct was reckless so as to avoid the $250,000 damages cap on medical malpractice non-economic loss. Court found intentional (i.e., reckless) conduct takes a case outside the cap. Thus a new trial was ordered with guidance on proper preparation of the verdict form when reckless provider conduct may be at issue. Higgins v. Providence Health System, 2018 WL 6503435 (Dec. 11, 2018). 


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