Family Awarded $7.5 Million in Medical Malpractice Lawsuit
The family of a 45-year-old mother was awarded $7.5 million by a jury in southern Florida in a medical malpractice lawsuit that alleged that two surgeons were negligent during an operation, leading to their loved one’s death. Maria Elena Espinosa was a mother of two children and was married at the time of her passing when she bled out during brain surgery.
Facts of the Case
Mrs. Espinosa was 45 years old in 2009 when a two-inch skull tumor was discovered. In May of that year she underwent surgery to remove the tumor with two surgeons, Dr. Basil Yates and Dr. Pedro Albanes. According to her husband and children, during the operation the surgeons failed to properly monitor and evaluate her well-being that ultimately resulted in her death.
The official cause of Ms. Espinosa’s death was exsanguination, and her family’s attorney argued that the surgeons never noticed the blood coming out from underneath her head until it was too late. At that point, there was no way to stop the bleeding and she died on the operating table. Even worse was the expert opinion that Ms. Espinosa did not need the surgery. According to medical experts, radiation and chemotherapy treatments would have sufficed for her type of tumor, but the surgeons pressured her into the surgery.
Outcome of the Case
Prior to this lawsuit, the hospital anesthesiologist and the internist settled privately with the family of Ms. Espinosa for a confidential amount. Dr. Yates and Dr. Albanes are both still practicing medicine but were penalized $7.5 million for their negligence in Ms. Espinosa’s death. According to the attorney for the family “the most tragic part in this case is the fact that the children were never ever to say goodbye to their mom.” The surgeons are expected to appeal the case and have one month to do so in federal appellate court.
Compensation for Medical Malpractice
Until recently, Florida courts capped the amount of damages that could be received in a medical malpractice case. However, the financial caps were thrown out by the Florida Supreme Court and now victims can get the full compensation that they deserve for their medical malpractice claims. Damages for medical malpractice injuries have often commonly included the following:
- Past, present, and future medical expenses
- Lost wages and impaired earning ability
- Disability payments
- Scarring and disfigurement
- Pain and suffering
- Wrongful death
- Funeral expenses
…and other costs that are reasonably related to damages incurred by your doctor or other medical professional.
Call a Florida Medical Malpractice Attorney
No one ever expects to be injured or killed by a medical professional that is supposed to make them better. If you or someone that you know has been injured by the malpractice of a doctor or other medical professional in the West Palm Beach area, let the experienced attorneys at Gary Roberts & Associates help. We are prepared to do what we can to help you recover compensation.