Chenille Condon from Fort Yates, North Dakota suffered from a stroke caused by a negligent surgeon at CHI St. Alexius Health in 2012. Dr. Allen Michael Booth, a cardiac and thoracic surgeon, was performing a lymph node biopsy on Condon when he mistakenly cut a main artery that sent blood to the brain. Condon now has a limp and difficulty using her left arm. Her brain injury will likely worsen over time.
In Condon’s case against the hospital, Judge Cynthia Feland ruled the state’s limiting damages for medical malpractice cases as unconstitutional, and didn’t allow the hospital’s motion to reduce a jury’s verdict of $3.5 million owed to Condon.
Medical malpractice occurs when a patient is harmed because a doctor or other health care professional failed to competently perform their medical duties. Medical malpractice cases are often very complicated. To prove that medical malpractice occurred, you must be able to prove several things to the court in the state in which the incident occurred. For Nebraska residents, your case will need to be according to Nebraska laws.
In Nebraska, the first thing you will need to prove during a medical malpractice case is that a doctor-patient relationship existed. This means you agreed to hire the doctor and the doctor agreed to be hired. Casual advice from a doctor you know personally or consulting a physician who does not treat you directly cannot be held responsible for your injury.