Imagining life without one body part is hard. Unfortunately, due to medical negligence, Wisconsinite Ascaris Mayo now lives without all four of her limbs.
On top of that, the state of Wisconsin only wants to pay her $750,000 for pain and suffering.
Medical Negligence Case Dismissed and Discharged
Ascaris was incorrectly diagnosed and discharged from Columbia St. Mary’s Hospital after complaining of severe abdominal pain, fever, and rapid heartbeat.
She went to another hospital the next day where they told her that she’d been suffering from a Strep A infection — an infection that ultimately led to septic shock and sepsis.
Gangrene had already begun to set in her extremities and it was too late to save them. Had she received the proper treatment the day prior at St. Mary’s Hospital, she might have still have her limbs.
A Cap on Quality of Life?
Mayo’s medical malpractice case went to court and the jury awarded her $25.3 million — 16.5 million of which was designated for non-economic damages like pain and suffering as well as loss of companionship.
The controversy is that Wisconsin has a cap in places a $ 750,000 limit on non-economic damages awarded due to medical malpractice.
Those in favor of the cap feel it’s necessary to maintain the insurance fund, which currently has around $1.4 billion dollars. They say it helps to ensure the affordability and availability of quality healthcare for everyone.
However, those against the cap argue that even if insurers paid every single claim, pending and anticipated, it would hardly put a dent in the billion dollar fund. Further, considering Mayo’s extreme case, $750,000 just doesn’t cut it.
In the end, the 1st District Court of Appeals ruled in favor of Mayo receiving the full award, deciding that the cap is unconstitutional.
For the full story, visit the Milwaukee Journal Sentinel website.
For more information on medical malpractice, continue browsing our blog.