NASHVILLE, Tenn. (WTVF) — We continue to learn new details about what went wrong last month at Ascension Saint Thomas Midtown.
Of course, a scathing state report last week outlined the errors made by staff and serious system failures that allowed the drug mix-up in the first place.
Four patients received the wrong medications during what were supposed to be routine surgeries and suffered severe complications and horrible injuries. So, how might they be compensated?
It turns out they probably won't be getting anywhere near what you might think.
For what they've been through, you might imagine the hospital would likely have to shell out a lot of money, a figure with a lot of zeros on the end. But Tennessee state lawmakers have made sure that won't happen.
You can tell what a lot of people have been thinking since the drug mix-up in the pharmacy at Ascension Saint Thomas Midtown hospital. All you have to do is read the comments posted on Facebook in response to our reporting.
People have written "They are gonna be so rich after this" and "I'd own that hospital" after learning how four patients were injected with the wrong medication, leaving at least two of them paralyzed.
Posters have also suggested "I'd be a multimillionaire after that" and "Wow, you better open that check book."
"I read those same things. But in reality, that does not happen in Tennessee," attorney Jim Higgins explained.
Higgins said the Tennessee General Assembly took care of that when state lawmakers approved what they called the Civil Justice Act of 2011.
And what that law does is cap or limit all pain and suffering damages that can be awarded to $750,000.
"$750,000 doesn't sound like a whole lot of money for someone who's been seriously injured?" we suggested.
"It's not. It's not," he replied.
Higgins not only has handled many medical malpractice cases, but he's also gone to the state capitol with other lawyers and victims, trying to convince state lawmakers to increase that limit. Believe it or not, that $750,000 cap has not changed since it became law 15 years ago.
"It has never been adjusted. It needs to be adjusted. And the insurance carriers, the hospitals, they fight it every year to keep it at that low amount. So they say they're sorry, but nothing changes," Higgins said.
Higgins said the challenge is that hospitals and their insurance companies have powerful lobbyists who year after year work to keep the limit from being increased. He said it is heartbreaking to have to explain that to people who have experienced devastating losses and, like many, expect they will at least be well-compensated.
"It's very frustrating," Higgins shared.
Also frustrating, he said, is that while Tennessee has limits, many other states, including Kentucky, do not. Tennessee also makes it very difficult and expensive to sue for medical malpractice.
And on top of that, the law also allows what happens in Tennessee hospitals to essentially stay in Tennessee hospitals, meaning that after something goes wrong at a medical facility and there is an internal investigation, no one outside of the hospital will likely ever know the results, even if the hospital is being sued.
"Hospitals, they can figure out exactly what happened and not share it with anybody, and they don't. They, in all of our cases against nursing homes and hospitals, they do not share internal investigations and they fight to keep that secret," he stated.
Higgins, who does not represent any of the Ascension Saint Thomas patients, said this case illustrates why pain and suffering damages are so important. At least two of the patients, we know, are in their 70s and retired so they can't sue for lost wages or likely money for their medical bills since the hospital has already announced it will cover those and "ensure they [the patients] have access to all appropriate resources and ongoing care needed."
There is an exception in the law: If you are left paralyzed, you can receive up to $1 million. But no more.
And if you think the $750,000 limit is low, there’s more. If your injuries or death are caused by a government agency, the most you can receive is $350,000.
You may remember the 1998 explosion outside what was then the NASCAR Cafe on Broadway. Two tourists who were severely burned had nearly $1 million in medical bills, but they were only able to receive $350,000.
Nearly 30 years later, that limit is still the same.
And if you're thinking of suing in federal court to try to get more there, you're out of luck. You're still only going to get $750,000 because even though you're in federal court, you're still covered by the laws and limits of Tennessee.
Attorneys like Jim Higgins say the cap should at least be adjusted for inflation. In today’s dollars, that would put it at a little more than $1 million.
Higgins said he and other attorneys plan to ask state lawmakers again in January to reconsider the cap. He said they will point to what happened to the four hospital patients as an example of why lawmakers need to act.
To read the full state report:
Tennessee State Health Facilities Commission Report on Ascension Saint Thomas Midtown mistake
PREVIOUS RELATED REPORTING:
Not all hospitals use their own pharmacies to prepare surgery drugs like Ascension Saint Thomas
State investigation into drug mix-up at Nashville hospital pharmacy finds multiple systemic failures
Woman paralyzed after drug mix-up in Nashville hospital pharmacy to begin intensive rehabilitation
Nashville hospital adds pharmacy safeguards after drug mix-up but why weren't they already in place?
If you or someone you know was affected by this medical mistake, I'd like to hear from you. Please email me at Jennifer.Kraus@newschannel5.com.
