The original case came about when the widow of a man filed a lawsuit in court claiming a series of medical incidents resulted in the man’s death. According to reports, the man experienced tremors in his left leg and hand, was confused and disoriented, and had slurred speech. A scan of the man’s brain revealed symptoms that indicated hydrocephalus. The man was referred to a neurosurgeon.
After the man underwent a surgical procedure to relieve the pressure in his brain, he quickly began to experience a higher-than-normal intracranial pressure. It was three months later that the man died of his symptoms. His death occurred in May 2010. The man’s widow filed suit against the surgeon, claiming a breach of the accepted standard of care. The surgeon was originally found guilty of negligence.
An appeal was filed on behalf of the surgeon. That court ruled that the plaintiff in the original case had failed to prove beyond a reasonable doubt that the surgeon had been negligent. The court also said that while the surgeon did not perform with the accepted standard of care, the plaintiff did not demonstrate that the surgeon’s actions resulted in the man’s death.
While two justices dissented from the ruling, the case was overturned by the appeals court. The award in the original case will not be paid.
If you or a loved one has been the victim of medical malpractice in New York, reach out to our team of experienced attorneys. We will sit with you and discuss the elements of your case at no cost to you and help you decide how to proceed. Call today to schedule your free consultation.