Judge sets details of damages owed E. Idaho man in malpractice case

Summary

A judge in eastern Idaho has reduced a jury's cash judgment against the Eastern Idaho Medical Center to about $6 million.

Story Created: Sep 6, 2007 at 6:32 PM MDT

Story Updated: Sep 6, 2007 at 6:32 PM MDT

Judge sets details of damages owed E. Idaho man in malpractice case
IDAHO FALLS, Idaho (AP) _ A judge in eastern Idaho has reduced a jury's cash judgment against the Eastern Idaho Medical Center to about $6 million.

That's because a state law governing pain and suffering awards limits what the hospital must pay to a man left brain damaged after minor wrist surgery.

Earlier this year, a jury awarded Idaho Falls-resident Brock Higham $7.5 million, including $5.1 million in economic damages and $2.4 million for pain and suffering.

On Wednesday, however, 7th District Judge Jon Shindurling said according to Idaho law, the hospital can only be forced to pay Higham $5.1 million for economic damages, $680,000 for pain and suffering and $153,000 in legal costs.

Last month, the hospital in Idaho Falls filed an appeal with the Idaho Supreme Court, in a bid to get out of paying on grounds that the court unfairly prejudiced jurors in the case.

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