Victims of medical malpractice, be that here in Ohio or elsewhere, are entitled to seek answers and compensation in the wake of doctor errors. Part of the road to a fair and just shot at compensation is a fair trial. One victim and his mother have been awarded a second chance at showing that the poor boy was forced to undergo multiple spinal surgeries, which could lead to possibly debilitating and painful back problems in the future, due to a doctor error.

Reportedly, the boy, 11 at the time of surgery, was undergoing an initial surgery for the removal of a benign spinal tumor. It appears the operating doctor was using multiple x-rays that were half a month old, which may explain why when he was working to remove the tumor he served to burst it, causing the tumor to seed itself in other places and continue its growth. This doctor error and subsequent seeding could have wreaked havoc through causing a buildup of spinal pressure.

A new trial has been ordered in this case of medical malpractice due to the statements issued by one of the expert surgical witnesses that told the jury that suits such as this example may cause doctors to perform defensive medicine. The court ultimately found fault in the way that the expert medical witness was issuing his testimony because he was referencing another part of the country where the surgery did not take place.

Hopefully in this new trial justice will be delivered. This 11-year-old was defenseless. The subsequent pain he endured must have been very difficult not only for him, but also for his mother who had to watch her child suffer pain that could have been prevented. While compensation will not serve to eliminate the pain, it will cover medical expenses resulting from the medical error and hopefully give this victim and his mother some sense of justice and accountability for those that made mistakes.

Source: Hartford Courant, "Supreme court Orders New Malpractice Trail Based On Expert Witness' Comments About Health Care Costs," Edmund H. Mahony, April 30, 2012