Losing your job due to medical malpractice
By: Darrell Castle
An opera singer has lost her job at the Nashville Opera Company in Nashville, Tennessee.
Amy Herbst has filed a lawsuit against Fort Campbell’s Blanchfield Army Community Hospital. She claims the episiotomy she received while giving birth to her child last year caused her to lose control of her flatulence, and sometimes, bowel movements.
As an opera singer, this has serious ramifications for her career.
An episiotomy is a planned surgical procedure in which the tissue between the anus and the vagina is cut to aid in the delivery of the baby. The wound did not heal properly.
“She is suffering through a very embarrassing and very significant injury, and frankly, the prognosis of a fully successful repair is pretty low,” Herbst’s attorney, Charles Allen, told the Army Times.
She’s asking for $2.5 million in damages.
In Tennessee, you’re limited to $750,000 of non-economic damages and an unlimited amount of economic damages.
The majority of the damages alleged appear to be economic as she has lost her job and most likely her career and it appears she will never be able to sing again.
When determining economic damages in a situation like this, it’s important to note Herbst’s age. Because she is relatively young and had the potential for a longer and more successful career, her potential increase of income would be weighed into her economic damages. The lawyer, as mentioned above, believes there is very little chance of this problem being fixed by repair, so this situation would come into play.
This increase in income would need to be calculated by an economic expert.
There also, as with any medical malpractice allegation, has to be proof that the doctor acted outside the standard of care and that any reasonable doctor would have acted differently.
To recover in a medical malpractice case, the lawyer must prove that without the doctor’s negligence, the result would have been different and Herbst would not have suffered the injury.
At Darrell Castle & Associates, our experienced personal injury attorneys are no stranger to cases like this. We know the pain and suffering these situations can bring and we want to fight for the compensation the victim deserves.
If you believe you’ve been injured because of a doctor’s negligence, let us help.