$18 million dollars was awarded to Kerri Downes, age 26, who was the victim of medical malpractice when a certified nurse practitioner misdiagnosed the lump in her breast. The misdiagnosis happened when Kerri was 22. Incorrect diagnosis for breast cancer happens frequently, and should cause a ripple of concern and conscience within the medical professional community. A civil lawsuit was filed against the nurse practitioner, Eileen Carpenter, who was with the Axia Women’s Health, Strafford, Tredyffrin Township.
Kerri accused Eileen of providing improper treatment for a lump in her breast. The jury ultimately determined that Mrs. Carpenter was negligent for not having Mrs. Downes undergo breast imaging tests, and had delayed the treatment for nine months. The jury deliberation lasted for only 90 minutes. Eileen Carpenter admitted during jury trial that she should have gotten an ultrasound for Kerri Downes, which would have avoided local metastasis from developing in Kerri’s breast.
Kerri Downes now works for the Emergency Department at Paoli Hospital as a registered nurse, graduated from Immaculata University with a nursing degree, earned a certification as an Emergency Medical Technician, and was a volunteer firefighter. Aside from sealed cases, Chester County Court officials stated that this was the biggest known award for a civil case they have ever seen.
Now as a Philadelphia medical malpractice lawyer from Wieand Law Firm, LLC knows, medical professionals have a duty of care to their patients. A doctor, nurse, or facility may be held liable for injury and damages that ensue because of a misdiagnosis, delayed diagnosis, surgical error, prescription mistake, paperwork oversight, and more. When we visit the doctor for a routine check up or something we are concerned about, we expect to receive a certain level of quality care. When medical professionals stray from this expectation and a patient is injured or dies because of it, the victim or their family can come forward with a medical malpractice lawsuit.
Some of the most common causes of medical negligence and malpractice are due to misdiagnosis, surgical errors, anesthesia errors, and childbirth injuries. If you suspect that you or a relative was the victim of medical malpractice, then it’s important to get a consultation from a lawyer knowledgeable in these types of cases as soon as possible. Kerri Downes took action when she suspected she was the victim of medical malpractice, and she was right, and was awarded millions of dollars as compensation for what she went through. Not all cases are the same, and there must be evidence that supports a patient’s claims, and unwanted medical news or diagnosis does not automatically constitute medical malpractice.
Our team can review your situation, let you know what your options are, and then represent your case if you decide to take action. To learn if what you are going through warrants filing a medical malpractice lawsuit, call a member of our legal team today for a case evaluation, where your concerns and most pressing questions can finally be answered.