A surgeon is being sued for medical malpractice after errors during two separate surgeries. The patient claims that errors made during the procedures caused unnecessary pain and suffering along with economic damages including lost wages and additional medical bills. The surgeon’s case relies on the fact that he is exempt from liability because he was teaching at the time, explains a Lawyer.
At the time of the medical errors, the surgeon was being watched by a medical student. The doctor did receive compensation for the procedures. The debate in Westchester resolves around whether the doctor’s activities were classified as volunteer activities, even though he was paid for his time, which would exempt him from personal liability and only allowed the patient to seek monetary damages from the medical school. The determination of liability in this case has wide implications for doctors and medical schools nationwide.
A judgment against the Bronx doctor in this case could result in higher medical malpractice rates for all doctors, while a judgment against the medical school could increase the costs of training future doctors. At this point, there is little question that errors occurred in the performance of the procedures, states a doctor. The second surgery was performed because of errors during the first procedures – further errors during the procedure resulted in permanent physical disfigurement.
Lawyers are closely following this case as its results will have wide implications in any procedures done in the presence of medical students. This case is different than the majority of medical malpractice cases because of the fact that no one is denying that errors were made, explains a report. In this case, each party is trying to deny liability for the error, resulting in a different tact in this trial.
Meanwhile, the man has yet to receive compensation for his pain and resulting financial difficulties. Medical malpractice cases can often be lengthy, as this one has been, since it has already gone through several appeals. In the case, despite the obvious errors, the case may drag on for years due to the two parties, the university and the doctor, both trying to avoid liability for the error.
If you or someone you know has been harmed as the results of a medical error, a NY Medical Malpractice Attorney can help you receive the financial assistance that you deserve from the parties responsible.