Jury Award in Fayetteville Medical Malpractice Case

Jury Award in Fayetteville Medical Malpractice Case


Jury Award in Fayetteville Medical Malpractice Case

Charlotte, NC Lawyer

A jury in Fayetteville, North Carolina reached a verdict in a medical malpractice suit filed against the Owen Drive Surgical Clinic of Fayetteville and awarded over $7.5 million in damages. According to a report from the Fayetteville Observer, the plaintiffs were Melode Dickerson, a patient at the clinic, and her husband, Gregory Dickerson. The jury award consisted of $3.24 million in economic or compensatory damages, $4 million for pain and suffering, and $300,000 for loss of consortium. Generally, compensatory or economic damages is money that will cover costs such as past, present, and future medical bills to treat the injury caused by the medical malpractice, as well as lost wages. In North Carolina, there is no limit to the economic damages that may be recovered. Pain and suffering, on the other hand, is considered non-economic in nature and is also not limited.

Surgical Complications

According to the suit, the plaintiff had undergone colon surgery in June 2010 with Owen Drive Surgical in order to remove part of her colon due to a potentially cancerous mass that was later ruled benign. The surgeon apparently connected the remaining portions of the plaintiff’s colon together; however, the lawsuit claims that the surgeon left a leak that later caused dangerous abdominal infections. After the surgery, the plaintiff allegedly became severely ill for many months and had low blood pressure, kidney failure, internal bleeding, and severe infections. She spent many weeks in hospitals, and had two surgeries to try to find the cause of the infection. There was initially no sign of leakage from the original colon surgery, but afterwards, doctors did locate a leak in the place where the colon had been reconnected to itself. Afterwards, a fourth surgery was conducted to repair the leak and treat other internal problems. The suit alleges that the plaintiff still experiences diarrhea and chronic abdominal pain, and that the leak was caused by the June 2010 surgery conducted by Owen Drive Surgical.

Standard of Care

In analyzing a medical malpractice case, a court has to determine whether the medical provider breached or violated the standard of care in providing treatment. Standard of care is the generally accepted practices and procedures used by medical care providers in the same geographic area for treating individuals with a specific ailment or disease. This standard will change depending on the individual’s condition, age, overall health, and other factors.

Additionally, plaintiffs have to be able to prove that the injuries suffered by the plaintiff were caused, at least in part, by the medical care provider. This often requires the use of outside medical experts. In order to recover for injuries, a medical malpractice suit must be filed either up to three years from the date of the treatment that caused injuries or within one year of when the injury was or should have been discovered. Nevertheless, a patient is barred from bringing a claim more than four years after the date of the treatment in question.

Medical malpractice is a serious claim that requires extensive research, investigation, and analysis. If you or a loved one has been injured due to the malpractice of a medical professional, the attorneys at Bice Law, LLC can help you pursue your case to recover damages for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.


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