About four years ago, a social worker underwent a surgery where her gallbladder was removed at a New York City-owned hospital in Bronx, New York. The doctor who performed the surgery used a laparoscope which is a tube with a camera that allows the doctor to view the abdomen and pelvic area. The laparoscope pierced a part of the social worker’s artery. As a result, the social worker had to undergo further surgery as reported by the New York Law Journal in a June 24, 2013 news article.

The social worker sued the doctor, and the city owned hospital claiming that the doctor did not properly complete the surgery thus he committed medical malpractice and that the doctor worked for the hospital thus the hospital is responsible.   The social worker obtained an expert who stated that the damage to the artery was caused due to the “deep penetration of the laparoscope.”

The social worker claimed that the damaged artery was not near the designated area where the surgery should have occurred, whereas the doctor claimed that it was within the area. Moreover, the doctor claimed that the damaged artery was a risk comes with this type of surgery and that the social worker was aware of this.

The social worker wanted approximately $750,000 worth of damages; however, she received about eight hundred thousand dollars because the jury held that at the doctor did not properly perform the surgery; thus he “departed from an acceptable standard of care.”

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.