Accepting responsibility and apologizing in any circumstances does not always repair the damage done but it certainly can help move toward recovery. Unfortunately, a New York hospital in Long Island is not only refusing to accept responsibility for their actions but they are telling an injured patient that she should be thankful for what they did.
The 33-year-old patient went into the hospital for a procedure to remove an ectopic pregnancy. During the procedure, the woman claims that her surgeon punctured her colon. The woman nearly died as a result of the surgical error, suffering gangrene and blood poisoning. She lost her legs and nearly all of her ability to hear.
The patient endured a traumatic recovery which included three cardiac arrests, a colostomy and skin grafts. Doctors treated her with strong antibiotics during her 73-day stay in the intensive care unit. The antibiotics lead to her hearing loss. At first, doctors removed her feet due to the infection and then eventually she lost her legs below the knee.
The woman is suing the hospital but the hospital representatives maintain that they actually are the reason she is alive today. An attorney for the hospital even went so far as to tell the patient that she should look on the bright side. Lawyers are representing six doctors as well as the hospital and argue that they did not act negligently.
The patient says she complained of pain after the procedure. She also had a fever and abnormal heart rate but doctors still did not detect the hole in her colon which led to her serious condition. The patient’s attorney argues that this failure to notice the puncture was a move away from the accepted medical practice.
In a malpractice case, a New York surgical error attorney may try to show that the doctor or hospital deviated from the accepted medical practice. A deviation from this standard may indicate negligence and an injured patient may be able to recover monetary damages. Compensation can cover costs related to ongoing medical care and recovery, as well as emotional damages.
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New York woman loses legs as result of routine surgery sues
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Jay W. Dankner
JAY W. DANKNER was born, raised and educated in Brooklyn, New York. After graduation from law school in 1973, he joined the firm of the legendary, Harry H, Lipsig, under whose tutelage he learned the intricacies of civil litigation and trials. He tried and won his first case against General Motors in a case involving a design defect within weeks after his admission. Thereafter, he focused his attention on the emerging and developing field of law known as products liability litigation.
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