In medical malpractice cases, the injured party must show the treating doctor or physician owed a duty of care to the patient and he or she breached that duty by deviating from the ordinary standard of care within the profession. Thus, the deviation resulted in injuries to the patient, which was caused by the doctor’s negligence.

A hospital patient, while admitted to a City owned hospital underwent a gynecological surgery. The surgery was very challenging, thus the former patient “lost both legs and most of her hearing,” as reported by the New York Law Journal in a January 14, 2014 article.

When the patient was admitted, she was pregnant and during her surgery her “bowel was perforated.” However, despite the patient expressing that she was feeling pain, she was discharged from the hospital, as the doctors did not take her pain seriously. As a result, the patient could not bear the pain so she came back to the hospital the following day, and the hospital found that she was infected. Thus, her legs were eventually removed.

Following this incident, the woman brought suit against the City’s hospital and its physicians for the injuries she sustained, as well as for her pain and suffering and her medical costs. She claimed that the hospital and its doctors deviated from the usual standard of care, which caused her injuries.  The court ruled that the injured patient is entitled to a little over sixty million dollars. About $60,000,000 was allocated to her past and future pain and suffering. Moreover, a couple million was allocated to her medical costs.

If you were injured at the hands of a doctor or other medical professional, then you may be entitled to compensation for past, present and future suffering as well as for medical expenses. Contact the law office of Jayson Lutzky, P.C. to schedule a free in person consultation. Mr. Lutzky has been practicing law for over 30 years in New York and can explain your rights in your confidential and no-cost initial consultation. Call 718-514-6619 or visit for more information.