No appeal pending for injured patient awarded $26 million

Some stories seem so terrible that it can’t possibly have happened in real life. The sad truth is that these “stories” are, sometimes, real events. One such instance of medical malpractice happened at a Georgia hospital, for which the injured patient has been awarded a $26M medical malpractice settlement.

For this particular patient, it was suspected that the patient was suffering from a hematoma that was constricting her airway – a serious surgical complication after a surgery on her neck was performed. It was alleged that the overseeing operating room doctor failed to admit her into the operating room within the two hour window the hospital deems protocol for this type of emergency. Instead, the woman was not admitted until the sixth hour of her suspected hematoma diagnosis. This led to physical and mental disability due to a brain injury suffered from lack of oxygen to the brain.

For this, the woman was awarded $26 million for her doctor’s failure to meet a standard of care acceptable in this medical malpractice situation. The settlement also stipulated that it would not seek an appeal, meaning the settlement will stick and remain unchallenged by the defendant. It appears that the woman’s severe brain injury could have been prevented had the woman been admitted to the OR in the correct time window, thus lessening the impact the hematoma would have on her brain and well-being. The damages awarded will be coming from St. Francis Hospital as they were deemed responsible for the activities of their employee, the OR doctor.

This is one of the largest medical malpractice judgements in Georgia history. The good news for the injured patient and their family is the settlement will stick and go uncontested. While the injury will be with the woman and her family for the rest of her life, the damages received can help her access the healthcare and financial support she will likely need for the rest of her life. Had her injury been properly cared for, she likely would not have suffered such a serious complication and thus the hospital and doctor were found negligent.

Source:, “$26 Million Georgia Medical Malpractice Award One of the Largest in the State,” Gordon Gibb, December 26, 2017


Brain Injury, Truck Driver Negligence, Roadway...


Amputation, Medical Malpractice


Brain Injury, Medical Negligence


Amputation, Medical
Adam Malone

Holding Wrongdoers Responsible

Malone Law is known for its willingness to take cases to trial when defendants refuse to accept responsibility for their actions — particularly in situations where death or devastating injuries have been caused by careless commercial trucking companies, sloppy health care and manufacturers of defective products. Tommy secured one of the first verdicts over a million dollars in Georgia history — a $1.2 million verdict in a 1982 jury trial against a trucking company involving the needless death of a 7-year-old girl. Throughout his career, Tommy continued achieving record verdicts, including a recent verdict of over $49 million against two careless trucking companies for causing a severe brain injury to a pre-med college student.

Likewise, Adam has continued this tradition and has broken his father's record verdict in their hometown of Albany with a $24.5 million verdict in a medical negligence case for a 14-year-old football player.

Making Our Hospitals & Roads Safer

In addition to the many multimillion-dollar recoveries we at Malone Law have obtained for our clients, we take pride in our ability to drive positive change in our community.

An inevitable result of many of the verdicts and settlements we obtain is system change to correct their actions to prevent similar harm from occurring to others in the future.

Our attorneys and staff work diligently to make life better for our clients as well as those in our community.

"Together we've been able to not only make a difference for our clients," says Adam, "but also do our part in helping to make roadways and hospitals safer for everyone."

Put a tradition of excellence on your side. From catastrophic motor vehicle accidents to devastating medical malpractice injuries, our team of dedicated professionals can help you get your life back on track. Contact our office in Atlanta by calling 770-390-7550 or by filling out our online contact form.

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