On behalf of Medical Malpractice on Thursday, November 28th, 2013of Kahn Gordon Timko & Rodriques P.C. posted in
Many complaints that are filed in New York courts never actually go to trial. And while some might argue that coming to a settlement agreement can resolve an issue and provide closure to medical malpractice victims, liability can only be determined by going to trial in most instances. One recent case resulted in a medical physician being found guilty of malpractice; however, justice for the victim may continue to wait since the jury’s indecision resulted in a mistrial.
The case in question is only one of over 200 complaints raised against one Maryland cardiologist. Despite the fact that around 250 alleged medical malpractice victims have come forward against the doctor, the recent lawsuit was the first to result in a guilty verdict. And while the defendant argues that implanting three stents into the patient’s heart may have been what saved his life, the plaintiff in the case argues that he is the victim of misdiagnosis and unnecessary surgery.
Unlike other common mistakes such as pharmacy errors, the cardiologist is accused of misdiagnosing the plaintiff as having a serious heart condition that required surgery to place stents in his heart. According to the plaintiff, it was later determined that he never required the surgery and suffered as a result. The plaintiff asked for $50 million in damages for the financial hardship, emotional distress and medical problems he endured as a result of the surgery.
The hospital where the cardiologist worked was also identified as a defendant in the case, and while the trial jury did conclude that the defendant had committed wrongdoing, the judge ultimately called a mistrial. Apparently, the jury could not come to consensus on the amount of damages the plaintiff should receive.
Now, the case may be forced to go back to trial to determine damages once again.
Source: Baltimore Sun, “Mistrial in Midei stent case as jury deadlocks on damages,” Jessica Anderson Nov. 6, 2013
Tags: pharmacy errors