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The Injustice of Medical Malpractice Caps

McKeen & Associates attorneys Brian McKeen and Kenneth Lee recently obtained a $550,000 settlement for a wrongful death arising out of the negligent placement of what was supposed to be a central venous catheter. As the name suggests, this catheter is to be placed into a vein. The inexperienced resident placed it in the decedent's carotid artery, which increases the risk of stroke. This placement caused a blood clot resulting in a massive stroke, brain damage, and ultimately, her death.

This case exemplifies the injustice of the current medical malpractice caps which limit a decedent's estate to recover $471,000 for loss due to the negligence of a healthcare provider. Had she lived but been badly injured requiring future medical care, her estate would have been able to recover damages for the cost of medical care. The cap system literally makes it less expensive for the defendant healthcare provider when he or she causes a patient's death rather than a serious bodily injury. McKeen & Associates attorneys continue to fight the injustice of these caps every day and are confident that the Michigan Supreme Court will find these caps to be unconstitutional in the near future.

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