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Surgeon’s Error Causes Death

Surgeon’s Error Causes Death

The Nature of the Case: S.R., a loving mother and caregiver, worked as a nanny in her employer’s home. S.R.’s goals included working to establish her immediate family’s residence in Canada, while sending funds to her extended family in the Philippines. S.R.’s four year-old daughter lived with her while her husband worked abroad.

S.R. possessed finance and banking post secondary education from the Philippines, and was continuing her education here at Sheridan College in computer technology.

S.R. underwent a laparoscopic cholecystectomy. During the course of the operation, S.R.’s vena cava and right renal artery were damaged, allowing S.R. to lose a great amount of blood. Attempts were made by the surgeon to repair the damage, but the massive bleeding continued and a blood transfusion was ordered.

S.R. was transferred to another hospital in hopes of getting greater expertise to cope with the vascular bleeding. Another surgery ensured. But all attempts to save her were unsuccessful – S.R. died six days later from complications from the first surgery.

The Resolution: Bogoroch & Associates were hired to establish the value of S.R.’s surviving relatives’ entitlement to claims under a malpractice suit. As the surgeon had admitted liability in the death of S.R., that was not an issue in the case.

S.R.’s young daughter was left without her sole caregiver and psychological and financial provider when her mother died. S.R.’s husband was left without his wife who had been strongly contributing to the family’s finances on top of her care-giving role as a mother.

The family was entitled to seek damages under The Family Law Act. Though Canadian law is very rigid regarding the amount of compensation awarded to families who have lost a loved one, Bogoroch & Associates sought many expert opinions to prepare the case:

  • Medical reports were gathered to review the surgical error, including post mortem examinations
  • An Occupational Therapist created documentation on the loss for S.R.’s daughter
  • Accounting reports were developed to value past and future dependency losses
  • a Professor of Economics provided an assessment of the value of the family’s loss

The defendant, through previous offers and negotiations, had made it clear that they would not be making an acceptable offer to S.R.’s family. A settlement conference was held in front of a judge, where both parties could argue and present their cases. The judge offered an objective assessment, which coincided with that of Bogoroch & Associates.

The settlement conference led to a final resolution – and the case was settled for a fair and reasonable amount, providing for claims of S.R.’s daughter, husband and mother. S.R.’s daughter’s funds were placed in a trust, as she was a minor, and were used to pay for expenses from childhood and into adulthood.

The terrible, untimely death of a daughter, wife and mother could not be rectified and the family would be torn apart because of a medical error, but the financial assistance provided real support of the family for present and future expenses and care.

*Please note that the settlement amounts will vary from case to case and are not reflective of what your case may be worth.