Earlier this month, 36-year-old Ana Pereira was awarded a staggering $24 million as a result of a medical malpractice claim filed against medical professionals from the Monmouth Medical Center in Long Branch. This case dates back to 2011 when Pereira was treated for simple kidney stones but resulted in serious and life-altering injuries.
Today, our medical malpractice attorneys will discuss the specifics of this case, identify why the damages awarded were so high, and outline regulations governing punitive damages within medical malpractice in New Jersey.
Red Bank, NJ Negligent Healthcare Attorneys Discuss Details of Ana Pereira Case
In what can be described as a horrifying series of events, a hospital visit to treat kidney stones would forever change the life of Ana Pereira and her family. After being treated by a urologist, Dr. Michael Esposito, Pereira went into septic shock and doctors were forced to amputate both of her legs and her left hand. The medical malpractice lawsuit also named Dr. Violet Kramer, who was not found to have acted negligently in civil court.
This was the second medical malpractice lawsuit brought by Pereira and her Monmouth County negligent healthcare attorneys since the 2011 incident. Previously, she and her family were awarded a sum of $18.5 million in a settlement against other doctors from the Monmouth Medical Center in Long Branch.
Freehold Medical Malpractice Lawyers Identify Factors that may Determine Malpractice Amounts
In order for a Freehold medical malpractice lawyer to recover financial compensation through a medical malpractice claim, all of the following must be proven:
- You were, in fact, a patient of the doctor in question. This rule is in place to protect physicians who may be asked off the cuff medical questions and respond honestly, but not within a doctor-patient relationship
- The doctor was negligent in their diagnosis or treatment
- The negligence of the doctor directly led to your injury or medical condition
- Your injury or resulting medical condition led to damages
Once these facts have been established, the damages awardable within medical malpractice may fluctuate greatly. A qualified attorney will strive to show that the victim and their family suffered physically, emotionally, financially, and more. The degree of the injuries and the resulting suffering will be considered when determining a fair settlement or verdict. In addition, many medical malpractice cases involve punitive damages, as we will discuss below.
What are Punitive Damages Within Monmouth County Medical Malpractice Claims?
Punitive damages are financial considerations paid to the plaintiff which act to punish the defendant. In other words, if an action by an individual or organization is so egregious that the courts see the need to prevent them from acting similarly again, they may award punitive damages to act as a deterrent.
New Jersey statutes place a strict cap on punitive damages which may be awarded in medical malpractice cases. Pursuant to N.J.S.A. 2A:15-5.14 – Determination of award, punitive damages in medical malpractice or personal injury claims will be capped at $350,000 or up to five (5) times the compensatory damages awarded, whichever is higher.
What this means is that for the $42.5 million awarded to Pereira and her family, a maximum of $700,000 were considered punitive damages. The vast majority of these damages fell under the umbrella of “compensatory” damages, which can include medical expenses, lost wages, pain and suffering, property damage, emotional anguish, loss of consortium, disfigurement, and much more.
Contact our West Long Branch Medical Malpractice Compensation Attorneys Today
The medical malpractice attorneys of Chamlin, Uliano & Walsh have over 50 years of experience serving Monmouth County clients from towns including West Long Branch, Middletown, Red Bank, Freehold, Asbury Park, Howell, and all of eastern New Jersey. Our firm is built on the ideas of community service, top-quality legal service, tradition, and family values. These concepts have guided our medical malpractice attorneys for decades and will continue to do so as we strive to offer the highest level of legal solutions to our clients and their families.
For a free and confidential consultation regarding your injuries and your potential for financial compensation through a medical malpractice claim, please contact us online or call our West Long Branch offices by dialing (732) 440-3950 today.