In a medical malpractice trial case reported by the New York Law Journal on May 5, 2014, a man alleged that his leg was needlessly amputated. The man was involved in a car accident in which his leg was essential crushed. He faced a fracture, and mutilation of muscle, and arteries and veins on one leg. The doctors tried to get the bleeding to stop, but they thought they were unsuccessful and tried to cure various leg injuries. The surgeon at the hospital decided that the bleeding was not stopping, and so he needed to amputate the leg above the knee in order to save the manâ€™s life.
The man will now need physical therapy, will suffer emotion distress, faces phantom pain (pain that is experienced where an amputated body part used to be), will need painkiller medications for the rest of his life and will not be able to have the active lifestyle he was used to. He tried to sue four doctors, as well as the hospital for $10.4 million for pain and suffering (past and future) as well as future medical bills. Eventually, the man decided not to sue two of the doctors. He sued the hospital by holding it vicariously liable. Vicarious liability is the concept that one party can be responsible for anotherâ€™s actions, such as the hospital being responsible for the doctorâ€™s negligence.
In the trial, the expert witnesses disagreed on whether or not the doctors deviated from the normal standard of care for their professions. When a doctor takes such atypical action, and the patient is injured, then the doctor may have committed medical malpractice. When a patient is injured, and has suffered or needs additional medical care or will suffer in the future, then the patient can seek compensation for these injuries. In this case, the defense thought that the life-care-planning expert, who testifies what life will be like for the injured party at trial had exaggerated the difficulties and the need for psychological care and physical therapy. In the end, the jury found that one of the doctors had committed medical malpractice and should not have amputated the leg. The verdict was in favor of the injured man for $6,883,740. This was a mixed verdict. A mixed verdict is awarded when part of each claim is awarded, as opposed to the entire claim.
If you have been injured at the hands of a doctor, then you should seek immediate medical care to help remedy the situation as well as legal advice. An experienced attorney can help determine if you have experienced medical malpractice, gather evidence, hire expert witnesses, and try your case to court for a trial. A lawyer may also be able to settle your case to your satisfaction outside of court. Jayson Lutzky is a Bronx, New York attorney with over 31 years of legal experience. He has helped obtain tens of millions of dollars for victims of personal injury and accident cases. To set up a free in person consultation, call Mr. Lutzkyâ€™s office at 718-514-6619. Home and hospital visits are available. Visit www.MyNewYorkCityLawyer.com to learn more about the lawyer.