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ARTICLE ID 186807

$________ Medical Malpractice – Gastroenterology – Man suffers brain damage in nightmare gastric bypass post-op at Florida hospital – Sepsis – Damaged corneas – Bedsores – Contractures – Coma.

Circuit Court

In this case, a former Clay County deputy filed suit after he lapsed into a coma due to a post-operative septic infection. The plaintiff patient and his wife brought suit for numerous breaches in the standard of care as well as fraud.

In March ________, the plaintiff underwent gastric bypass surgery at the defendant Memorial Hospital in Jacksonville, Florida. Thereafter, the plaintiff suffered health complications resulting from his surgery which went undiagnosed by his doctors. This condition resulted in cardiac arrest, septic shock and ultimately a hypoxic brain damage. On March 17th, the plaintiff lapsed into a coma, which he remained in until early April. While in the ICU, he sustained further injury, this time to his corneas. His eyes during that period were described as being swollen and red. While under hospital care, the plaintiff also sustained contractures (frozen joint) injuries and bedsores.

The plaintiff and his wife filed suit in the Duval County Circuit Court for medical malpractice and fraud. The defendants, Memorial Hospital and Dr. John D., the plaintiff’s treating physician, were accused of breaching the standard of care. The defendant hospital was also accused of repeated breaches of the most basic standards of care for a medical facility, resulting in preventable injuries, as well as fraud relating to its bariatric program.

The plaintiff showed evidence at trial of repeated violations of the standard of care. The plaintiff’s physician ordered that two drops be put in both of his eyes every eight hours for three days while he was in the ICU. Evidence submitted showed that drops were only administered twice. They further asserted that the presence of bedsores itself showed malpractice, as the injury is classed as always preventable.

The plaintiff further showed that Memorial Hospital misrepresented their bariatric program ("the Memorial Bariatric Surgery Center") by failing to follow basic patient safety standards in spite of a "Bariatric Center of Excellence" certification. Breaches included allowing an unqualified surgeon to perform the procedure while unsupervised.The jury found for the plaintiff after five hours and awarded $________ million in compensatory damages to the plaintiffs. After an hour and a-half’s deliberations, an additional $10 million was awarded in punitive damages for fraud associated with the defendant’s bariatric program.

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