Widow of Wrongful Death Case Only to Receive $1.6 million
Modesto, California (JusticeNewsFlash.com) — It seems that there are more cases of medical malpractice today than in the past, and how can this be with the technological advancements of our time? The answer is doctor’s negligence. This is exemplified in a case involving the Stinnett couple of Modesto, California. On the afternoon of January 6, 2002, Mr. Stanley Stinnett, 49, was riding his Harley Davidson motorcycle when a dog leaped out in his path causing him to crash. He was airlifted to Memorial Medical Center where doctors found six broken ribs and complicated respiratory problems. After only five days, Stinnett’s doctor told him to go home and heal.
But before Doctor Tony Tam could discharge Mr. Stinnett, he passed away, chocking on his own vomit. According to the Stinnett’s attorney Stewart Tabak of Stockton, X-rays taken four hours before his death showed Stinnett had one gallon of liquid backed up in his stomach, which the Dr. Tam never drained. The 12 jurors concurred that Stinnett’s death was unnecessary, stating that Dr. Tam was negligent in his practice. The jury awarded $2.5 million in economic damages and $6 million in compensatory damages to Mrs. Stinnett, but unfortunately and somewhat unjustly, there is a 1975 law which caps non-economic damages in medical malpractice lawsuits at $250,000. Therefore, Holly Stinnett will most likely only receive about $1.6 million of the suggested amounts.