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Mitchell v. SMRC

Case Conclusion Date: 07.15.2008

Practice Area: Medical malpractice

Outcome: Settlement - $510,000.00

Description: Plaintiff’s decedent was a sixty eight (68) year old man with chronic obstructive pulmonary disease (COPD) with a 75 pack year history of smoking and was homebound on oxygen twenty four (24) hours a day. After suffering a breathing crisis, he was taken to the hospital and it was decided he required intubation and placement on a breathing machine. Nurse negligently set the infusion rate for the IV Diprivan and failed to monitor and the entire contents of the IV bag of Diprivan was infused into him which resulted in his death. This case is significant given the $350,000 cap on damages and the practical immunity given to emergency room personnel since SB3 was enacted into law in February 2005.

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