Question: Suzy notices a lump in her breast while taking a shower one day. She mentioned it to her husband, who suggested that she see a
Suzy notices a lump in her breast while taking a shower one day. She mentioned it to her husband, who suggested that she see a doctor. Three months later, Suzy started to complain that the lump felt bigger. She admitted that she should probably see a doctor, but she explained to her husband that she was too busy at work to take time off for a doctor's visit, and "it was probably nothing anyway." Her husband insisted that she go to the doctor so Suzy made an appointment for two weeks later. Dr. Jones, Suzy's OB/GYN examined Suzy but decided not to do a biopsy because Suzy is young and has no family history of breast cancer. Six months later Suzy noticed several more lumps in her breast. Her husband insisted that she see another doctor who immediately did a biopsy and diagnosed Suzy with stage 4 metastatic cancer. Suzy sued Dr. Jones for failing to diagnose her breast cancer, arguing that if Dr. Jones had diagnosed her six months earlier, Suzy's cancer could have been successfully treated. The jury found Dr. Jones liable for malpractice, but attributed 20 percent of the responsibility to Suzy for waiting three months before seeing a physician.
If Suzy had offered to settle with Dr. Jones for $50,000 and Dr. Jones rejected the offer, Suzy would recover:
| a. | Punitive damages equal to the greater of two times the amount of economic damages or $200,000. | |
| b. | Nothing since the judgment rendered was not "significantly less favorable" to Dr. Jones. | |
| c. | the full $200,000 jury award. | |
| d. | Her litigation costs that were incurred from the date that the offer was rejected (which may not be greater than 50% of the economic damages awarded her in the judgment + 100% of the non-economic damages awarded to her in the judgment + 100% of the exemplary or additional damages awarded to hen the judgment, minus any statutory or contractual liens connected to the claim). |
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