How Does a Shoulder Replacement Result in Brain Damage, Kentucky?

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Donna Kinney fell in her RV. Initially diagnosed with a dislocated shoulder, she was subsequently told that she needed a partial shoulder replacement.

Off to the Operating Room

During surgery, the surgical nurse placed the oxygen tube incorrectly. Donna received too much oxygen, making her lungs burst. Air leaked into her pleural cavity, and the pressure caused her lungs to collapse and her heart to suffer cardiac arrest. In the 16 to 20 minutes it took for the surgical team to resuscitate Donna, her brain received no oxygen.

Donna suffered a severe anoxic brain injury.

A Life-Altering Experience

Unconscious for two days, in the intensive care unit for two weeks, Donna’s prognosis was bleak. She didn’t remember who she was or recognize any of her family, including her husband, Paul, to whom she’d been married for 50 years.

Donna’s progress was gradual, and the medical bills piled up. Although the hospital where she was treated accepted responsibility for the error, their financial responsibility was limited by a Texas law: the Texas Tort Claims Act. This act states that individuals may sue a governmental entity—such as a county hospital—but only for a limited amount of money. The limit for a single occurrence of injury is $100,000; this includes immediate expenses, future expenses, and punitive damages. Even though the hospital made an error that ruined Donna’s life, by law they were not obligated to pay for all the damage.

If someone you love has brain damage as a result of a Kentucky medical error, contact the medical malpractice attorneys in Louisville, KY. Call Gray and White Law at 502-210-8942 or toll free at 888-450-4456 to set up a FREE, no-obligation consultation.