In a recent medical malpractice case, the victim was awarded $3.8 million. Additionally, according to the Daily News on July 16, 2014, the jury awarded the wife $1 million for “loss of services.” A loss of services award can be given to an injured person’s spouse for the loss of the ability of their spouse to have romantic relations with him or her and/or the injured party’s inability to be a part of the family and do things such as participate in family functions and do chores. In this case, the judge thought the $1 million ruling was inappropriate. The judge claimed that the wife walked out of their relationship “when the going got tough” while her attorneys said she left when it was clear her husband’s health would not improve. Of the $3.8 million the husband received, $1.5 million was for future pain and suffering. This meant that the wife’s share was technically bigger if it was proportionally prorated. The wife was with her husband for six-and-a-half years. The husband is estimated to live another 28 years. Therefore, if you do the math and prorate the awards, the wife would be getting more than the husband, which the judge did not think was right.

The man was misdiagnosed by a neurologist after he had trouble standing. He had a major surgery in his chest to remove a gland, he had blood treatments, and gained 80 pounds while on a medication. None of this was necessary. When the neurologist switched positions, another neurologist diagnosed the man correctly with a condition that only needed to be treated with medication. Therefore, the original neurologist had committed medical malpractice. One form of medical malpractice is a misdiagnosis or failure to diagnose. When someone is misdiagnosed, then they may receive unnecessary treatment, which was what happened in this case.

In court, the judge suggested that the wife should take a settlement for $100,000 as she was like a “nursemaid” to her husband taking care of him for several years and should be entitled to some compensation, but not $1 million as she had left the marriage, and the judge found that amount “clearly excessive.” A new trial to decide how much money the wife will be awarded is necessary.

If you have been injured at the hands of a doctor, then it is possible that the doctor has committed medical malpractice. If your condition worsened because of the doctor’s deviation from the normal standard of care in his or her specialty, then you may be entitled to a large cash settlement. Jayson Lutzky is an attorney with 31 years of experience and has helped recover millions for his clients. To set up a free in person consultation, call 718-514-6619 or visit www.MyNewYorkCityLawyer.com. In the case of serious injuries or conditions, hospital or home consultations are available.