Jury Awards Cancer Patient’s Family 13 Million in Malpractice Lawsuit

In Tennessee and all across the country, people go into hospitals and medical care centers and put their trust and lives in the hands of doctors, surgeons and other medical professionals each day. Unfortunately, sometimes those doctors, surgeons and medical professionals miss things they should not and this leads to people needing additional medical treatment or care for their health conditions. If you or someone you care about suspects that your doctor or medical care professional may have missed something or you feel malpractice was involved, then you should talk to a Tennessee medical malpractice lawyer right away. They will hear your case and make sure you get the compensation you need.

In this case, Mark Weinberger, a surgeon who has been caught after being in Italy for more than five years after fleeing from federal health care fraud charges has been ordered to pay $3 million in compensatory damages and $10 million in punitive damages to the family of fifty year old Phyllis Barnes after she died from laryngeal cancer, which he failed to diagnose.
Weinberger was an ear, nose and throat specialist and performed sinus surgery on Barnes three years before she died of cancer. Barnes’ attorney told the jury that Weinberger and an assistant failed to find a tumor that had lead to Barnes’ death even though there were several warning signs including ear pain and the spitting up of blood. The attorney also stated that the surgery was not needed and encouraged by greed and was a factor in Barnes’ death. The jury did not find the assistant guilty. It is unclear whether or not Barnes’ family will receive any money because of the state of Weinberger’s finances.

Cases similar to this one happen all too often all across the United States and right here to the residents of Tennessee. If you feel that a doctor or medical professional missed something crucial during a procedure or feel that medical malpractice may be involved, we highly encourage you to contact one of our caring and experienced Tennessee medical malpractice attorneys immediately. We care about you and will work with you and other medical professionals to make sure you receive the compensation you deserve for your pain and suffering. Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

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