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A Madison, Wisconsin jury has awarded $450,000 to a man who suffered serious injuries and disabilities as a result of a doctor's accident while he was being X-rayed.
The suit originally sought $2.4 million, but it was unclear which of the injuries were a result of the malpractice, and which were the result of the 81-year-old man's old age or previously existing health conditions.
As a result, he received $450,000 for the injuries he sustained during his stay at the hospital only. He did not receive compensation for the injuries he sustained over the following two years, many of which may have been repercussions of the mistake.
The Suit
According to the suit, James Halloway, 81, went to Dr. Samuel Essma in 2004 for a spinal X-ray at Alton Memorial Hospital. The X-ray required an injection of a chemical dye into Halloway's spine.
Dr. Essma admits using the wrong dye. This led to a serious condition known as arachnoiditis, which is an inflammation of the tissue within the spine.
The Injuries
As a result of the doctor's mistake, the suit claims Halloway's legs gave out. He relies on a walker to get around now. The suit also claims that the mistake has caused Halloway to continue to suffer debilitating pain, bladder problems, sexual dysfunction, and spasms. Expert witnesses at the trial all testified that these are possible effects of arachnoiditis.
“(The defendants) have caused this man pain so bad he could barely walk,” said Rex Carr, Halloway's attorney. “They say it was just a mistake. This was gross negligence.”
Are You a Victim of Medical Malpractice?
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