This a continuation of my last blog post titled, “A Medical Malpractice Jury Trial in Georgia Allegedly Riddled with Errors Returns a Verdict of almost $ 22 Million Dollars for the Plaintiff, No Punitive Damages in the Case Despite Evidence to the Contrary, and a Vow from Defense Counsel that there Will Be an Appeal [A VIDEO Link is Included Hereinbelow] ~ part one.”
The second phase of the trial that was discussed in the last blog post was to determine if punitive damages against Dr. Doherty were warranted under the circumstances. In Georgia, Punitive Damage awards are very significant for a number of reasons and one main reason is that an award of punitive damages can not be discharged in bankruptcy. Not to mention that many insurance carriers for doctors and other professionals will not support an award of punitive damages depending upon the terms of the insurance policy leaving the insured exposed to potential collection of the punitive damage portion of the judgement from the insured’s own assets and beyond.
In this case, the jury returned a decision that punitive damages were warranted under the circumstances. The panel, however, after hearing presentations from attorneys and Dr. Doherty himself did not award punitive damages in any amount. This was despite the fact that the panel had previously determined that Dr. Doherty’s professional performance displayed willful and wanton misconduct that did, in fact, justify an award of punitive damages.
The attorneys for the Plaintiff and the Defendant Dr. Doherty both had the same explanation for the inconsistency: Maybe the Panel felt that the nearly $ 22 Million Dollar initial verdict was punishment enough. The jury stands by the decision and had empathy for the family that they had simply been through enough.
Defense counsel for Dr. Doherty disagreed with the liability verdict and felt that the evidence showed that his client was attentive and that the care was appropriate under the circumstances. He added that the trial was “rife with error” and that an appeal was definite in this case.
At Julie A. Rice, Attorney at Law, & Affiliates we have collectively represented hundreds of people who have been victims of Medical Malpractice resulting in Catastrophic Injury and Wrongful Death and we have recovered millions of dollars, or more, for our clients. If you or a loved one has been the victim of Medical Malpractice whether or not the issue of Punitive Damages is in question, then please kindly Contact Us at your earliest convenience for your Free Legal Consultation. There are strict time limitations in these cases so it is imperative that you seek legal counsel as soon as possible after your incident or that of a loved one so that you receive the best legal result possible under your particular circumstances.
We look forward to hearing from you soon and assisting you with your situation.
The following is a link to a video pertaining to this case that is the Courtesy of Courtroom View Network:
VIDEO: In $22M Wrongful Death MedMal Suit, Attorney Says Doctor “Did Not Have a Grip on Reality”
(Courtesy of Courtroom View Network)