A New York City taxi driver underwent a surgery in which staples were placed in his stomach and to limit his food intake, as reported by the New York Law Journal in a January 28, 2013 news article.

After the surgery, the NYC taxi driver was hospitalized for about a month and after he was released from the hospital he lost a lot of weight and had a fever. When the taxi driver went back to the hospital a CT scan was requested by the doctor but this was not done. The taxi driver’s condition worsened and about seven months after the surgery, it was discovered that he had a “stomach abscess” which caused him to become sick.

As a result, the taxi driver sought compensation from the hospital and its owner, the United States, claiming that the doctor did not perform the  surgery correctly and that the taxi driver was not properly taken care of after the surgery, thus this constituted medical malpractice. Also, since the U.S. owns the hospital, it is responsible or “liable” for the medical malpractice.

During the case, the taxi driver died, and his wife took over the case. The estate claimed that the doctor involved in the surgery removed part of the stomach, which was not standard procedure, and it took a while for the doctors to discover his infection following the surgery. The wife wanted to recover for her husbands’ wrongful death, for the pain and suffering he endured and for the children’s loss of financial and parental support.

The court held that the doctor failed to perform the surgery correctly; thus the estate was awarded about close to $6 million.

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.