When a person is battling a terminal illness such as cancer, he or she naturally may feel a range of emotions. For instance, the patient may be afraid of undergoing the required treatment but could even be more scared of losing his or her life as a result of the illness. If the doctor who is charged with treating the illness ends up making matters worse due to carelessness, a West Virginia victim has the right to pursue a medical malpractice claim. In a recent case, one man ended up suffering a brain injury as a result of an alleged botched cancer treatment.
In this out-of-state case, the man was getting ready for cancer surgery that involved bathing his stomach area in chemicals that would kill tumors. However, the surgery went awry. This led to internal bleeding, which caused injury to his brain.
The situation happened because the patient's brain lacked oxygen for a critical amount of time after blood collected in his abdomen area, according to the man's wife. The couple's sex life has been negatively impacted as a result of the man's short- and long-term memory loss, they said. The family has filed a medical malpractice suit.
If a treatment ends up going wrong at the hands of a negligent doctor and someone is injured as a result, he or she has the right to file a lawsuit for compensatory damages. In this brain injury case, liability has to be established through competent proof submitted to a civil court in order for claims for financial damages to be awarded in favor of the victim. Any financial restitution from a similar claim in West Virginia can help to address medical costs and even pain and suffering connected to the traumatizing medical event.
Source: ABC News, Husband Forgets Sex After Botched Cancer Surgery, Susan Donaldson James, Feb. 20, 2014