$2.75 million Eric Q. v. New York City Health and Hospitals. – In this case, the plaintiff was an innocent bystander who was shot in the leg while he was standing on the sidewalk. The ER staff at the hospital failed to diagnose compartment syndrome, a condition which causes intense swelling due to fluid buildup and plaintiff ultimately lost his lower leg as a result. Plaintiff had a prior criminal record which was a factor in settling the case rather than leaving it in the hands of the jury.
Medical Malpractice Settlements in New York
When you go to the doctor, you don’t expect to walk away in worse shape with a new medical problem that is expensive to treat or disabling and irreversible. Unfortunately, this is something that occurs too often throughout the state of New York. Medical malpractice is an issue that can take on a variety of forms. Some examples include having a medical instrument left inside of a patient after surgery or a patient being neglected by medical personnel. When this happens, you need to speak with a medical malpractice attorney in New York.
What is Medical Malpractice?
Medical malpractice cases can be tricky, calling for the expertise of knowledgeable medical malpractice lawyers NYC. Proving such a case can be difficult.
In a medical malpractice case, the doctor or medical professional or hospital does something that they should not have done, or fail to do something that they should have done, which results in harm and permanent injuries to the patient. Medical malpractice is simply another way of saying medical negligence. The legal standard in New York for medical malpractice is “a departure from good and accepted medical practice in the community”. This sounds simple but it is difficult to prove. In order to prove and win a medical malpractice case, at least one doctor in the same practice area as the defendant doctor must testify that what occurred was in fact a departure from good and accepted practice. Sometimes a plaintiff will call two or three medical experts. A medical malpractice attorney in New York will be able to determine what kind of case you have and if there is a realistic chance of success after a careful review of all the medical records and often after consulting with an expert doctor.
Settlements for New York Medical Malpractice and Negligence Cases
In—Eric Q. v New York City Health and Hospitals— the plaintiff was awarded $2.75 million.
Here are examples of other medical malpractice verdicts in New York:
- An infant sustained brain damage and cerebral palsy caused by medical malpractice during a breech birth. The verdict awarded the plaintiff $116 million.
- A 28-year-old woman sustained an anoxic brain injury caused by respiratory arrest while an emergency tracheotomy was being performed. She was awarded $114.8 million.
- A woman whose pancreas was injured during a transplant received $17 million.
Contact a Medical Malpractice Lawyer in New York
Medical malpractice can happen to people of all ages, including children and babies. If your infant suffered a brain injury or another injury during birth, you should speak with a New York birth injury lawyer right away. As a patient, you can only hope that you will receive the best care. When your stay in a hospital goes awry, contact the medical malpractice lawyers NYC at Dankser & Aspromonte Associates.