A malpractice lawsuit that took 11-years to play out in court has finally reached its conclusion.
On Thursday, October 16, a jury ordered that Dr. Michael Rosner pay $1 million to the estate of Pamela Justus. The jury found the doctor negligent in the treatment of Justus, but cleared Park Ridge Hospital, where Dr. Rosner practices, and Adventist Health.
Pamela Justus, along with her husband, Billy, filed the suit against Dr. Rosner, Park Ridge Hospital, and Adventist Health, the hospital’s parent company, way back in 2003. Through the lawsuit, the couple sought compensatory and punitive damages, accusing the defendant of committing negligence, fraud, and civil conspiracy driven by profit based decisions.
The complaint accused Dr. Rosner of subjecting Pamela to unnecessary surgery; surgery which not only failed to remedy Pamela’s medical problems, but also created several additional medical issues including neck and back pain, nausea, and severe headaches.
The case took nearly 10 years to reach trial, two years after Pamela’s death in 2012. Pamela lost her life to fatty liver disease, a condition wholly separate from the medical issue that spurred the malpractice lawsuit against Dr. Rosner.
This lawsuit was not Dr. Rosner’s first time as a defendant nor was it the first-time his surgical practices, which include a procedure that carves away portions of the spine and skull to treat neurological conditions, were questioned. Court documents show that Dr. Rosner’s surgical practices were called ‘medically unnecessary’ and an ‘experimentation on human subjects’.
The protracted length of this trial is exemplary of the time medical malpractice lawsuits sometimes can take. As a medical malpractice lawsuit drags on and medical and legal fees mount, many plaintiffs find themselves facing difficult questions. Is it better to accept a lower out of court settlement, or to hold out for full compensation? What resources exist to help me wait for a better settlement offer?
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If you or someone you know is going through the long and costly process of fighting for a fair judgment in a medical malpractice suit, consider lawsuit funding. It can give you the financial flexibility to keep up your fight without feeling the pressure to settle for less than you deserve.
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https://www.blueridgenow.com/article/20140926/ARTICLES/140929914?p=2&tc=pg