THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, August 17, 1994 TAG: 9408170419
SECTION: LOCAL PAGE: B01 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 83 lines
How much is a 66-year-old woman's life worth?
On Tuesday, a family whose mother died last year after a nurse accidentally gave her a potassium overdose accepted $750,000 compensation from Sentara Norfolk General Hospital.
By one measure, that's a lot. Virginia limits medical malpractice awards to $1 million, so the hospital's offer is close to the maximum.
In a three-sentence statement Tuesday, the hospital offered its ``deepest sympathy'' to the woman's family, saying she died from ``a medication error.''
``The error was neither intentional, nor willful, but a tragic mistake with a tragic outcome,'' the statement said. ``The hospital feels the settlement reached with the family was fair and reasonable.''
But relatives of the dead woman say $750,000 - $500,000 after the lawyer's share - isn't enough. They say Virginia puts an unfair cap on how much a doctor or hospital must pay for making mistakes. They say the hospital didn't suffer enough.
``They're making that money the same day they're paying it out,'' said Rocky C. Dudley, whose mother died in February 1993. ``This is how much a person means to a hospital. . . . It's a crying shame. If I could find a way to change the law, I would.''
The case is called Shirley M. Dudley vs. Sentara Hospitals-Norfolk. In some ways, it is typical of the most serious malpractice claims in local courts, those that stem from a patient's death.
It began in February 1993 when Thelma Dudley, a retired baker who worked 38 years at the Norfolk Ford plant, died in the hospital. She had entered with heart-attack symptoms and underwent successful bypass surgery.
Four days later, in the cardiac care unit, Dudley allegedly received a dose of potassium 15 times what the doctor prescribed. A nurse allegedly read the doctor's order correctly but misread a drug vial. Dudley died of heart failure hours later.
Small amounts of potassium, like what is found in bananas, are beneficial. But large amounts can cause irregular heartbeats, muscle paralysis and cardiac arrest.
In September, Dudley's family sued the hospital and an unnamed nurse for $4 million.
But even if a jury had returned a verdict for $4 million, the family could not have collected it all because of Virginia's $1 million malpractice cap. Some lawyers in malpractice cases sue for more than $1 million even though they know they can never collect it.
If the Dudley case had gone to trial, the family might have spent so much that the net award would have been about $750,000 anyway, Rocky Dudley said.
Under the settlement Tuesday, Thelma Dudley's five surviving relatives - her estranged husband and four adult children - will split $500,000.
The family's attorney, Stanley E. Sacks, said the settlement was fair, given the malpractice cap. ``In my judgment, the family did the right thing by far,'' Sacks said.
The family isn't sure. Daughter Shirley Dudley said she wanted to try the case - the trial was scheduled to start Tuesday - but followed her lawyer's advice instead.
``I am not happy with the settlement at all,'' she said. ``It's not just the money. . . . I don't feel the negligent people involved have been punished in any way at all. They're still working there.''
The hospital would not comment on the case beyond its written statement. ILLUSTRATION: Staff color photos by MOTOYA NAKAMURA
Rocky Dudley's mother, Thelma, died last year at Sentara Norfolk
General Hospital after she was accidentally given an overdose of
potassium by a nurse. On Tuesday, her family settled its malpractice
suit against the hospital for less than they feel is adequate.
``This is how much a person means to a hospital.... It's a crying
shame. If I could find a way to change the law, I would.''
Rocky C. Dudley, whose mother died in February 1993.
KEYWORDS: SENTARA NORFOLK GENERAL HOSPITAL
MEDICAL MALPRACTICE LAWSUIT
by CNB