A man named Thomas Duncan returned home to the United States after traveling to West Africa; however, he didn’t travel alone. Before leaving Africa he acquired Ebola, a rare and often deadly disease. After developing symptoms, Duncan was admitted to a Texas hospital, where he eventually died from the virus.
Duncan’s death caused quite a stir in the United States. Talk of negligent care swept the media and concern over the disease spreading was rampant. Not only did the hospital fail to adequately isolate the patient, but questions arose about whether Duncan’s death could have been prevented.
Thomas Duncan’s family, and the Texas hospital where he was treated, have reached a settlement regarding his death.
The hospital agreed to cover all of Duncan’s medical expenses, the cost to care for his four children, and will set up a charitable trust in Duncan’s honor. This settlement agreement has put a halt to any potential lawsuit Duncan’s family may have against the hospital for medical malpractice.
The settlement is a good deal for the family. It is far more than any amount they would have gotten in Texas courts.
Texas medical malpractice law places a $250,000 limit on non-economic damages and gives extra protection to emergency room doctors. Furthermore, the family would have had to prove the doctors were absolutely aware of the harm they were causing.
Duncan was sent home from his first visit to the hospital even though he had a high temperature, and told health care workers about his travel history to West Africa. His Ebola diagnosis came only after he returned to the hospital two days later with more severe symptoms.
The Texas hospital admitted they were wrong and decided to do the right thing by moving quickly on a settlement offer. The hospital also apologized and admitted the failure to recognize the importance of his travel history was an oversight.
This quick resolution will benefit the hospital, which faced weeks of negative publicity because of the way the case was handled. Visits to the hospital’s emergency room decreased by 50% during the month of October, 2014.
If you or someone you love was injured as the result of a preventable medical error in an Ohio hospital, you need to call me immediately at 1 (800) 556-4769.
I can help you get the answers you deserve and the compensation you need. As your Medical Malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (800) 556-4769.
