Fata is the former oncologist who falsely diagnosed and treated his patients with chemotherapy when they did not have cancer. He pled guilty in July 2015 and is now serving a 45-year prison sentence.
This restitution pales in comparison to the amount of grief and hardship suffered by these victims and their families. Sadly, this was the best possible outcome because of Michigan’s medical malpractice caps on damages.
More complex than most states, Michigan caps the amount of non-economic compensation that a plaintiff may collect in a case of medical malpractice at $438,000. Limitations like this leave very little room for negotiating compensation and suggest that all cases of medical malpractice are the same.
The case against Fata emphasizes just how damaging these caps are to victims of medical malpractice. Unfortunately, these caps were imposed by the Michigan legislature in 1994, and no one in the house or senate is doing anything to change these limitations.
An arbitrator will decide how to divide up the $8 million among the victims in October. Our thoughts are with the victims and their families as this horrific case finally comes to a close.