$5.2 Million Malpractice Award Decision Upheld In Pennsylvania

The malpractice issue arose out of a visit that the man had paid to a doctor just four days prior to his death.The Pennsylvania Superior Court has decided to uphold a $5.2 million medical malpractice suit award that was given to the widow of a Spring Township pharmacist after a jury found a doctor negligent in her husband's death, according to the Reading Eagle.

Gregory S. Volutza, a 37-year-old pharmacist at the time of the incident, died of a heart attack while at work in January 2003. The malpractice issue arose out of a visit that the man had paid to a doctor just four days prior to his death, reported the news source.

Volutza had originally gone to see Dr. Donald J. McBryan Jr, the doctor who was ruled against in the suit, for chest pain, jaw pain and increased anxiety four days prior to his death. Representation for the pharmacist claimed that this was when the doctor should have realized the symptoms of a potential heart attack, the Eagle reported.

The jury ruled in favor of the widow, as the alleged malpractice was seen as the cause of death, due to the proximity in time to when the incident occurred. Although $4 million was initially given to the wife of Volutza, $1.2 million was added to the total allotment due to the time that the case had taken, reported the news source.

Another jury recently awarded money to an alleged victim of medical malpractice, as a West Virginia resident received $91.5 million for the alleged poor care that his mother had been given in a nursing home, according to the West Virginia Gazette.

Lawyers for the nursing home where the incident occurred are gearing up for an appeal, as the alleged malpractice is being contended on the basis of the amount of money that has been awarded, reported the news source.

The issue in the awarding of money relates to the status of the workers of the nursing home, and whether or not they are technically "healthcare providers" under the state statute. The designation of the workers would limit the money that was awarded from nearly $100 million to less than $1 million, according to the Gazette.

Dorothy Douglas, the resident of the nursing home, was allegedly not properly hydrated by the staff of the home, a lack of care that the woman's children claimed led to her death, reported the news source.