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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Nebraska Medical Malpractice Case Challenges Damages Cap

A 2-year-old girl and her family were awarded $17 million for a medical malpractice case presented against Bellevue Medical Center. The girl’s mother claimed that the hospital and its worker failed to give her the proper care needed for a safe birth. The Omaha woman started contractions two days before her daughter’s birth on November 2, 2012. She was brought into the hospital, where it is alleged that the workers failed to ascertain the position of the fetus or how powerful the contractions were.

Because of the hospital’s alleged negligence, the newborn baby suffered brain damage, oxygen deprivation, and brain compression, all of which stunted the child’s ability to walk and talk and impaired her vision. The jury decided to award $17 million for the mother and child’s pain and suffering. The sum far exceeds the Nebraska damages cap, which is set at $2.25 million.

The Nebraskan mother states that she will use the money for her daughter’s:

  • Physical Therapy
  • Occupational Therapy
  • Medical Care
  • Equipment for Care

This case is particularly insightful because it tests the statutes on how much an individual can obtain from a medical malpractice suit. In Nebraska, the cap for damages in medical malpractice cases is $2.25 million. At the time of the young girl’s birth, the cap was actually $1.75 million. Nebraska sets cap on both economic (past/future medical cost, income loss, harm to earning capacity) and non-economic (pain, suffering, distress) damages. The damage caps are enforced to manage the high cost of doing business for service providers.

High priced medical malpractice cases can have a negative impact on the economy. For example, if a doctor is sued for a large sum and the plaintiff wins, then it is the insurance company that has to pay the amount awarded. When the insurance company has to pay, they higher their insurance rates for the doctors. In order to meet the new price, the doctors can start charging the patients more. Damage caps are set in place to limit such a cycle of events. The caps are also enforced to dissuade citizens from suing over small injuries.

This case with the 2-year-old child challenges how much can be awarded to a medical malpractice victim. The family’s attorney stated that the award sum would not be reduced to match the cap because the hospital failed to meet the obligations required to qualify for it.

If you or a loved one have been a victim of medical negligence, call Domina Law Group. Our experienced medical malpractice lawyers can help review your case, so schedule a consultation today!

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