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Judgment upheld in brain surgery lawsuit


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Updated: 12/14/2012 7:38 am Published: 12/14/2012 7:37 am

LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court has upheld an $11 million judgment an insurer for Arkansas Children's Hospital was ordered to pay a Mabelvale couple after a doctor operated on the wrong side of their son's brain.

Thursday's ruling rejected appeals by Proassurance Indemnity Co. and of the parents of Cody Metheny.

The Metheny's wanted the court to restore the original $20 million judgment after it was reduced by a judge to $11 million. The insurance company argued for a new trial so a jury could consider whether doctors involved in the surgery should share blame.

The court rejected both arguments.

Cody Metheny was 15 when he underwent surgery in an effort to end seizures. The surgeon operated on the wrong side of the brain at first and Metheny now lives in a rehabilitation center.

 

©2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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itsjustme - 12/14/2012 1:28 PM
0 Votes
Revoke the surgeons license. This is rediculous. How in the hell can a well trained, educated surgeon make this kind of mistake? What an idiot.

lpfan3217 - 12/14/2012 8:36 AM
0 Votes
The parents filed a countersuit for the $20 million because the Insurance company didn't want to pay. The surgeon settled out of court for next to nothing. Go to the Arkansas supreme court and court of appeals website. The whole trial is on video. It makes you sick to know what happened and how the media reports it.

pat72209 - 12/14/2012 7:56 AM
0 Votes
THERE ISN'T ENOUGH MONEY IN THE WORLD TO MAKE UP FOR THIS MISTAKE....BUT THIS FAMILY DESERVES ALL THEY CAN GET...MAYBE HE CAN BE HELPED "WITH ENOUGH MONEY"...HOW IN THE WORLD DO THESE THINGS HAPPEN. WHO WAS RESPONSIBLE? SURELY THE SURGEON IS THE ONE WHO SHOULD HAVE KNOWN WHICH SIDE HE WAS GOING TO OPERATE ON....I guess it is still up to the patient to use a magic marker to mark where surgery is supposed to be.
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