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Bronx Personal Injury & Real Estate Blog

Wednesday, September 30, 2020

Alleged Medical Malpractice Over Several Years Led to Amputation

Q: Can multiple doctors and hospitals be held liable in a medical malpractice lawsuit?

Whenever someone seeks medical attention for an illness, injury, or accident, they have the right to expect that the medical professionals treating them will provide them with a level of care that is commensurate with accepted medical standards. If the healthcare workers – doctors, nurses, other medical professionals, and the hospital itself – deviate from those standards of care, and the patient suffers a serious injury directly due to that negligence, a medical malpractice lawsuit to recover damages may be warranted.

Very often, a medical malpractice lawsuit, which is a form of a personal injury lawsuit, will arise from a single mistake or single admission. For example, a doctor’s failure to diagnose a condition or disease, or a mistake during an emergency room visit or during an operation, through failures by one or more professionals. Sometimes, however, victims of malpractice are unfortunate enough to be victimized repeatedly over the course of years by different doctors and hospitals who fail to recognize and/or remedy problems created from earlier instances of medical malpractice.

Medical malpractice can begin with a surgeon admittingly nicking a vein during a bypass operation. Add in O.R. nurses rushing to lunch and allegedly failing to count the surgical sponges used to mop up the surgeon’s “bloody mess” and you get an 18 x 18-inch sponge inadvertently left in the patient. Pretty cut and dry initial mistake.

Fast forward four years. The patient suffers gastrointestinal issues and a CT scan at another hospital reveals the sponge left inside. Allegedly, neither the doctor who ordered the CT scan nor the patient’s own doctor who received a copy of it ever told the patient about the sponge.

Fast forward two more years. The sponge reportedly blocked the patient’s intestine and was finally surgically removed but “inadequate care” during recovery in the hospital allegedly “lead to [the patient’s] leg amputation”.

The Elements of a Medical Malpractice Case

As the above example demonstrates, medical malpractice claims are very complex and require a skilled personal injury attorney with a track record of success to effectively pursue. An attorney must be able to prove the actions or inactions were negligent, deviated from acceptable medical practices, and directly caused the patient’s injury or harm. Then, the attorney has to establish the losses suffered, including economic and non-economic damages. Depending on the circumstances of each case these may include such items as current and future medical expenses and lost earnings, pain and suffering, and more. Sometimes punitive damages may also be awarded.

If you or loved one has been injured or loved one has been killed as a result of medical malpractice or any other negligence, the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for free consultation.

From our office in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State as well as those injured while visiting New York.

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