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Man awarded $1.4 million after doctor found negligent

It was just a cut. Deep enough, however, to warrant stitches and so the 17-year-old young man went to the emergency room. Upon his arrival, an emergency room doctor gave the man an injection to numb the impacted area. The young man was then lead to a sink of running water where the doctor asked him to run his hand underneath to clean the cut. This was the last memory the young man had before waking to discover his life was forever changed by a traumatic brain injury.

The accident happened eight years ago and the now 25-year-old man was recently awarded $1.4 million settlement in a medical negligence lawsuit related to the accident. As the man was running his hand under the water, the doctor left the room. The man then fainted, hitting his head on the hard emergency room floor. He suffered a brain injury that has left him forever changed.

As a result of the brain injury, the man is unable to think clearly and has difficulty with his memory. Additionally, the brain injury resulted in changes to the man's personality and left him emotionally stunted. Although married, the man and his wife fear having children as they are unsure of his ability to care for them.

By all accounts, the man's accident was unexpected as the doctor could not have anticipated his fainting. Ruling on the case, however, the judge declared that the doctor had a responsibility to assure the man was safe. The judge ruled the doctor failed to attend to the man's safety when he left the room and left the patient alone.

The judge awarded the injured man $1.25 million for loss or earning capacity as well as $200,000 for pain and suffering and an additional $10,000 for future care costs.

Source: The Province, "Patient awarded $1.4m due to MD's negligence," Keith Fraser, Nov. 2, 2012

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