Utah Med Law

The Salt Lake Tribune reported that The Doctor's Company (TDC) remains responsible for a $1.3 million jury verdict in favor of Anthan Montgomery awarded by a Utah jury in 2002.  The law suit was filed originally in 1998.  According to the report Dr. Gregory Drezga pulled too hard with forceps during delivery causing permanent brain injury to Anthan.  Even before the medical malpractice case was filed Dr. Drezga disappeared and his whereabouts remains unknown.  TDC sought a declaration that Drezga's policy was invalid because the doctor failed to report three previous malpractice claims against him and did not cooperate in his defense. A 3rd District judge rejected the request.

A jury awarded the boy $1.25 million for pain and suffering and $1,022,735.30 in special damages for past and future medical expenses. The award was reduced by $1 million because of a state-mandated cap of $250,000 on non-economic damages.

This case shows that medical malpractice insurers will go to great lengths to avoid thier responsibility to pay for the medical malpractice perpetrated by their insured doctors.  Let's face it - medical insurance companies have a lot of money they can spend in defense of medical malpractice cases.  Sometimes they use that money to avoid paying what a Utah jury deems fair restitution.  Congratulations to the attorneys involved in fighting this long hard battle and for their perseverance and congratulations to the Utah Supreme Court.

Comments (0)

Subscribe to this comment's feed