It is not uncommon for more than one doctor to perform surgery on a patient. If the patient subsequently suffers harm due to mistakes made during the procedure, the surgeon in charge of the patient’s care may be deemed liable for medical malpractice, even if other doctors participated in the surgery. This was demonstrated in a recent New York ruling in which the court found that factual issues existed as to whether the defendant surgeon caused the plaintiff’s harm and reversed the trial court ruling dismissing the plaintiff’s complaint. If you were hurt during a medical procedure, it is in your best interest to speak with a Syracuse medical malpractice lawyer about what claims you may be able to pursue.
The History of the Case
It is reported that the plaintiff suffered from abnormal uterine bleeding. As such, she underwent a hysterectomy that was performed by the defendant and another non-party doctor. The defendant operated on the right side of the plaintiff’s body, and the non-party doctor operated on the left; the plaintiff experienced excessive bleeding on the left side. After the surgery, the plaintiff reported urinary incontinence.
Allegedly, diagnostic imaging subsequently revealed that her ureter was severed during the procedure. She underwent additional surgeries to repair her injuries. She then instituted medical malpractice claims against the defendant. Following discovery, the defendant moved for dismissal of the plaintiff’s complaint via summary judgment. The trial court granted the motion, and the plaintiff appealed. Continue reading