When it comes to surgery, timing can be everything. If the body reacts in unexpected ways to a surgical procedure, the physician performing the operation needs to react quickly in order to prevent long-term injuries or even death. It’s unfortunate, but instances of New York surgical malpractice are not uncommon. In a recent surgical malpractice case, the plaintiff alleged that he suffered permanent injuries because the surgeon performing the operation failed to act fast enough and caused permanent injuries.
The plaintiff was admitted to a medical center to treat what doctors speculated was a spinal epidural abscess. This condition involves the build-up of pus in the spine. The result is a compressed spinal cord and can be treated by antibiotics or, alternatively, by draining the build-up of pus. The medical center’s resident physician was assigned to the plaintiff’s care, and he correctly surmised that the plaintiff had a spinal epidural abscess before he consulted with another doctor.
What the plaintiff alleged in the lawsuit was troubling. Even though the assigned physician had initially speculated that the plaintiff had an abscess, the physician allegedly did not order an MRI or another method to confirm the diagnosis. In addition, he did not seek to remove the abscess until the plaintiff could no longer move his legs.
The failure to react fast enough formed the basis of the plaintiff’s lawsuit. The plaintiff is now a paraplegic and has tremendous past and future medical expenses. The physicians who tended to the plaintiff’s care were both employees of the medical center. The hospital is therefore liable for their negligent actions under the doctrine of respondeat superior.
The plaintiff’s expert, a board-certified neurosurgeon, provided evidence that the care provided to the plaintiff breached the relevant standard of care. Ultimately, opined the plaintiff’s expert, the physicians failed to diagnose the spinal epidural abscess in a timely manner, and that breach of the standard of care caused the significant injuries to the plaintiff.
New York courts apply a similar standard. If the medical care rendered to a patient deviates from the standard required of a physician, and such substandard care caused an injury, liability can attach to the doctor and potentially the medical center.
There are countless stories of patients who did not receive timely care from medical professionals. If this has happened to you or a family member, you might be entitled to compensation for injuries as a result of a physician’s negligence. The Syracuse attorneys at DeFrancisco & Falgiatano have decades of experience representing people who have suffered from surgical malpractice. If you would like to discuss your case or schedule a consultation, call us at 315-479-9000 or contact us via our online form for an appointment if you’ve been harmed by surgical malpractice.
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