Medical malpractice suit granted second trial

Having to go through any kind of medical procedure can be a very stressful and painful experience. Thousands of patients put their lives in the hands of New York doctors every day, trusting that their doctors will make responsible, compassionate decisions on their behalf. When concerns are raised about a doctor’s actions, the patient has the right to speak out and hold the doctor accountable for any medical mistakes made. And even in instances where proving medical malpractice seems daunting, there is hope for legal justice.

One particular case illustrates the complicated process of proving medical malpractice in court. The case is centered on a woman that underwent surgery to her left clavicle in late 2011. During the surgery, the doctor was allegedly unable to attach a plate to the woman’s clavicle, which was severed in multiple locations. Instead of permanently fixing the plate in place, the physician secured it with surgical sutures. The plate was ultimately removed by another surgeon a short time after the initial surgery.

The doctor that performed the first surgery claims that he could not screw the six-inch plate as anticipated because of the poor condition of the woman’s bones. However, the woman argues that her care was mishandled. As a result, she filed a medical malpractice lawsuit against the doctor, claiming that his mistakes left her with shoulder disfiguration, pain and disability.

The plaintiff’s original lawsuit ended when the presiding jury could not come to a decision on the case. Now, though, she has been granted another trial set to take place late next year. The plaintiff is seeking $1 million in damages.

Source: dailyprogress.com, “New trial set for medical malpractice case,” Rhonda Simmons, Oct. 21, 2013