A  manager of a warehouse carried a few boxes to the next floor as the elevator was not working. As a result, he injured his back and had surgery, which he alleged caused more pain as one of his nerves was damaged from the surgery, as reported by the New York Law Journal in an April 1, 2013 news article.

The injured manager sued the doctor who performed the surgery claiming that the doctor added to his injuries rather than resolving his prior injury. The injured manager also claimed that the doctor did not notify him of the benefits and dangers when he consented to the surgery; thus he engaged in malpractice. In addition, the injured manager sued the owners of the building claiming that the owners failed to maintain the premises, thus they created a hazardous condition that caused his accident.

The elevator was broken for about six months, thus the manager was forced to carry the boxes which weighed close to about one hundred pounds. The manager was able to get an expert who stated that he did not need the surgery and his injuries  could have been treated. The manager claimed  that the doctor told him that the surgery was the only way to fix his problem, whereas the doctor claimed the surgery was a way to fix the problem, not the sole option, and the  manager consented to the surgery after he was aware of the risks and benefits.

Following the surgery there were hardly any follow up appointments as the  doctor claimed that the manager failed to take care of his insurance policy. The worker claimed that he was unable to work due to the pain and that he wants compensation for future medical costs, lost earnings and pain and suffering. The manager recovered about $250,000.

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.