In the original case, it was found that Torres had failed to properly treat Plummer’s earache. As a result, he visited the emergency room and eventually passed away from meningitis. Plummer’s wife filed a lawsuit and won. The jury found Torres liable for not sending the man to a specialist or the emergency room. She only prescribed an antibiotic, despite previous medications not working.
The defendants appealed and won. The court of appeals determined that the defense was never able to review a piece of evidence that had been introduced in the original trial. The appeals court also determined that some testimony from an expert witness was prejudicial.
While both of these things were enough to cause a judge to overturn the original verdict, they were not the only things that came into play. The fact that an earache is not a typical symptom of meningitis was also introduced. The judge decided that the earache was an unusual manifestation of the illness and it was not unreasonable that the doctor did not order a spinal tap.
If you believe that you have been harmed by a doctor in New York, reach out to our experienced team of medical malpractice attorneys. We will listen to the details of your injury and help you decide if you have enough evidence to proceed with a lawsuit. Call now to schedule your free case evaluation. We are here for you as you and your family move forward with your lives.