The family of Ebola victim Thomas Eric Duncan has settled with the Dallas hospital that misdiagnosed him and sent him home the first time he sought care there, a lawyer for the family announced Wednesday.
Lawyer Les Weisbrod said the size of the settlement with Texas Health Resources, Texas Health Presbyterian Hospital Dallas and the emergency physician's group involved in Duncan's treatment is confidential, but he called it substantial. He also noted that the hospital has apologized and taken steps to improve.
“In my opinion the resolution that we've reached, considering the onerous laws we have to deal with, was the best resolution that we could get and it was as good or better than what we would have gotten if we were trying this case to a jury,” said Weisbrod, who is with the firm of Miller Weisbrod, Dallas.
The hospital released a statement Wednesday morning saying it was “grateful to reach this point of reconciliation and healing for all involved.”
“We know that this has been a terribly sad, difficult and trying time for Mr. Duncan's family and friends, and they will continue to be in the hearts and prayers of the entire Texas Health Presbyterian family,” according to the hospital's statement. “As part of the healing process, we have again extended our sincere apologies to the family and shared our regret that the diagnosis of Ebola virus disease was not made at the time of Mr. Duncan's initial emergency department visit.”
Texas has one of the nation's most restrictive medical malpractice laws, requiring anyone suing emergency room doctors to prove “willful and wanton” negligence by the physicians. It also has a cap on non-economic, or pain and suffering damages, of $250,000 from doctors and $250,000 for any hospital, Weisbrod said. Some experts have speculated that it would have been very difficult for the family to win a medical malpractice suit against the hospital.
Texas Health Resources Foundation also has agreed to create a charitable trust in Duncan's memory intended to help Ebola patients in Africa. Duncan's nephew Josephus Weeks will work with the foundation to seek additional contributions in hopes of eventually creating a state-of-the-art treatment facility for Ebola patients in Africa. The hospital also has agreed not to charge Duncan's family for his medical care, Weisbrod said. The family also hopes to see a movie made or a book written about Duncan.
Duncan sought medical care at Texas Health Presbyterian Hospital in October for a fever and abdominal pain after traveling from Liberia to Texas to visit his family. The hospital sent him home, but he returned two days later and was isolated because of suspected Ebola. He later died of the virus, and two nurses who were helping care for him also caught Ebola, though both have now recovered.
Both Weisbrod and Weeks, however, praised the hospital Wednesday for apologizing, taking steps to avoid similar situations in the future and settling quickly with the family.
“I believe this facility is an outstanding facility and we as humans, we're not perfect, we make errors, but it's how we recover from our errors that make you who you are,” Weeks said.
He added that he would go to the hospital for treatment in the future if he is nearby and needs help. Weeks called the deal “outstanding.” Duncan's four children, some of whom live in the U.S. and some in Africa, will benefit from the settlement as will his parents, Weisbrod said. His children range in age from 12 to 22.
Duncan's fiancée was not part of the settlement because legally she's not entitled to any damages, Weisbrod said.
Weisbrod also cheered the hospital's efforts to work toward a speedy resolution, but he criticized Texas' medical malpractice laws. He called the cap on pain and suffering damages “ridiculously low.”
The lawyer said he believes that if the case had gone to trial, it could have met that standard for willful and wanton negligence, but “it's not a fair standard.”
“This case, I hope, will also be a catalyst for changing that law in the state of Texas so emergency room patients who are mistreated and sent home when they should not be sent home … don't have to prove gross negligence or willful and wanton conduct,” Weisbrod said.
He also hopes the case shines a light on the “epidemic of these preventable medical errors” in the U.S., which he said claims far more lives than Ebola has.
Duncan's death will not be in vain, Weeks said.
“We made a mistake and we lost one but we can save 1,000,” Weeks said. “That's my goal. I can never replace Thomas Eric Duncan but what I can do is make sure everything that happens from here makes it better for everyone else.”
Follow Lisa Schencker on Twitter: @lschencker
