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New York Family Wins $4 Million For Pain & Suffering After Misdiagnosis

A family has won a $4 million misdiagnosis medical malpractice case against a New York medical center – including $3 million for 11 months of pain and suffering and $1 million for loss of consortium.

According to local news reports, 33-year-old Theresa Capwell went to the Westchester Medical Center with symptoms of abdominal pain. However, doctors at the hospital misdiagnosed her pancreatitis with ovarian cancer and began treating her for the wrong condition. The mistaken diagnosis led to a bevy of complications and soon Capwell was on a respirator, unable to talk, and confined to the hospital for almost a year before she died. A heart attack and other issues led to severe and permanent anoxic brain damage.

During the New York medical malpractice trial, her husband shared with the jury how happy their marriage had been and how much he had suffered from losing his partner and love – as well as how difficult it was to raise his children alone. In addition, other witnesses explained how much suffering Capwell endured after her heart attack and other complications left her barely alive.

The jury originally awarded Capwell with $7 million in damages, but the award was reduced after the defendant appealed the loss of consortium award. After the medical malpractice trial, a wrongful death trial will likely follow, as Capwell’s three young daughters will seek compensation for losing their mother. Those damages could include loss of parental guidance and economic losses.

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