Man Wrongly Told He Would Die Wins Lawsuit
Money Talks News - Friday, May 10, 2013
A Montana man who was told — incorrectly – that he was dying of cancer
and had less than six months to live was awarded $59,820 in a lawsuit
filed in federal court, the Helena Independent Record says.
Mark Templin was misdiagnosed at the Fort Harrison VA Medical Center
near Helena, Mont.
The IR said:
He sold his truck, quit his job and put his affairs in order, which
included prominently displaying a “Do Not Resuscitate” notice on his
refrigerator so any emergency medical responders would let him die.
His family held a “last birthday” dinner [for] him and he arranged and
paid for his funeral service. His son-in-law made a wooden box for his
ashes.
Templin also contemplated suicide, U.S. District Court Judge Donald
Molloy wrote in his decision.
Templin, who is in his 70s, went to the VA Medical Center in 2009 with
memory, vision and speech problems. An internist, Dr. Patrick Morrow,
referred him to an eye specialist, who suspected a stroke. But a CT
scan was inconclusive, and another specialist recommended more tests.
Morrow testified that he mentioned brain cancer to Templin but
suggested an MRI. The Independent Record added:
However, Molloy wrote that there was no indication in Templin’s
medical records that Morrow suggested any further diagnostic workup
and that Templin and his family understood that he had brain cancer
and was expected to die within six months.
Templin was prescribed a brain cancer drug that’s not supposed to be
given to stroke patients and also had hospice care.
Then he got better. Further tests showed a stroke but no brain cancer.
The judge awarded Templin $500 per day for the first two months of
severe distress following the misdiagnosis, plus $300 per day for the
period until his new diagnosis. The VA was also ordered to cover the
costs for Templin’s birthday party and prearranged funeral expenses.
What do you think? Is that a sufficient monetary award for his
suffering? Sound off on our Facebook page.
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