In a ruling last month, a jury awarded over $12 million to a man from Iowa who underwent prostate cancer surgery before learning he did not actually have cancer.

Iowa Medical Malpractice Cases

In this medical malpractice case, a pathologist at the Iowa Clinic in Des Moines allegedly incorrectly labeled tissue sample slides, resulting in a patient mix-up. Due to this mix-up, patient Rickie H.’s non-cancerous tissues samples were switched with samples from a man with prostate cancer. This mistake led to Rickie being incorrectly diagnosed with prostate cancer, and in April 2017, his prostate gland was surgically removed. The prostate removal operation resulted in nerve damage to the surrounding area, leaving Rickie with several permanent health problems including incontinence and impotence.

Although the Iowa Clinic admitted that an error had been made, there was disagreement about the amount of compensation Rickie deserved. In response to the clinic’s inability to decide on a proper compensatory amount, Rickie and his wife filed a medical malpractice lawsuit against the clinic. The lawsuit sought $15 million in damages related to his permanent disability, loss of consortium, and pain and suffering. The jury in the case ultimately awarded them $12.25 million.

In addition to the trauma suffered by Rickie, the other patient was also affected by the switch. His misdiagnosis was not rectified for about four months after the initial mix-up, possibly leading to stress, anxiety, progression of the disease, and further medical issues.

According to one study regarding wrong-patient surgeries, these kinds of error occur approximately once out of every 112,000 surgical procedures. However, this number only applies to procedures performed in an operating room. The actual rate of wrong-patient procedures may be much higher.

Personal Injuries and Negligence

Victims of medical malpractice injuries or other personal injuries may be eligible to pursue compensation for their pain, suffering, and medical expenses. If you have been harmed due to the reckless actions or negligence of someone else, you should not have to go into debt due to medical expenses or loss of income or earning capacity. If you are able to prove that your injuries were caused by the negligence or another person or entity, you may be able to win a malpractice or negligence lawsuit. Types of damages commonly awarded in personal injury or medical malpractice cases include:

• Medical expenses
• Loss of income or loss of earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Loss of consortium
• Property damage
• Wrongful death
• Emotional distress

In cases of severe negligence, victims who were harmed through the reckless actions of another person or entity may also be eligible to be awarded punitive damages.

If you have been the victim of a personal injury, including medical malpractice, you may qualify to file a lawsuit and pursue compensation for your injuries. Victims who file medical malpractice cases may be awarded hundreds of thousands of dollars in damages for medical expenses, pain and suffering, and injuries or disabilities.