Sometimes, a medical procedure does not turn out as planned. A doctor may or may not be liable for bad results. If the doctor is liable for these results, then he or she has committed medical malpractice. When a doctor has performed a procedure in a way that deviates from the normal standard of care within his or her profession, then that may be medical malpractice. If someone is hurt during this procedure, loses wages as a result, cannot work, is in pain, incurs extra medical expenses, or is permanently injured, then that person may be able to receive compensation from the medical professional for these injuries, as was the case during one womanâ€™s colonoscopy procedure according to a February 9, 2015 New York Law Journal Article.
After the procedure, the patient found out she had Hepatitis C. This disease affects her liver, her quality of life and can be transmitted to a baby during pregnancy. Furthermore, having Hepatitis C makes one more likely to become diagnosed with certain cancers. The patient alleged that the anesthesiologist performed part of the procedure improperly. She claimed the doctor used a vial of medicine that had been used before and she received the virus from that medicine, which she claimed was contaminated. She claimed that regulations say that each serving of the medicine is supposed to be single-use. Therefore, the anesthesiologist should be liable for damages she has sustained and for those that she will continue to suffer as a result of the doctorâ€™s conduct. In court, the anesthesiologist claimed that the medicine in the vial can be used more than once as long as sterile procedures are used.
Additionally, the patient alleged that the other doctor, the one performing the colonoscopy, also committed malpractice. That doctor should have supervised the anesthesiologist better, although, in his defense, he said that was not his duty. The patient claimed that the doctor performing the colonoscopy should not have even hired that anesthesiologist due to his background. The anesthesiologist had been subject to disciplinary actions before.
In the end, the jury found that the anesthesiologist had committed malpractice and that the other doctor had misrepresented his credentials and had negligently hired him. The jury awarded the woman and her husband, who had also sued for loss of services, $6.1 million.
If you have been hurt at the hands of a doctor or medical professional, then you should be sure to contact a qualified lawyer. You may be entitled to a large cash settlement to compensate for your injury, as well as future damages. Jayson Lutzky has over 31 years of legal experience in New York and has helped recover tens of millions for his clients. Call 718-514-6619 if you would like to set up a free in-person consultation. Visit www.MyNewYorkCityLawyer.com to learn more about Mr. Lutzky.