Jury Awards $2 Million for Botched Back Surgery

Posted in Catastrophic InjuryFirm News and tagged by Ken Wilhelm

Jurors have awarded $2 million in a medical malpractice case to a man whose back surgery was so badly botched that he not only suffered a cardiac arrest, but required three additional surgeries to fix the first one. According to a news report in The Insurance Journal, the man went into a Santa Fe, New Mexico, hospital in May 2008 to have a herniated disc removed. But during surgery a major artery and vein were cut and the surgeon failed to notice the mistake.
As a result of the surgical error, the patient went into cardiac arrest 36 hours later. The man suffered nerve and brain damage. He was unable to control his bladder and bowels. The jury also paid $50,000 to the victim’s wife who claimed that the traumatic incident and the ordeal that followed destroyed the couple’s marriage. However, jurors declined to award punitive damages in the case.
Statistics Relating to Medical Malpractice
Surgical errors are tragically common in the medical field. According to an article in the Science Daily, an estimated five to 10 incorrect surgical procedures occur everyday in the United States some with devastating effects. According to the Journal of the American Medical Association (JAMA), more than 225,000 people die every year because of medical errors. There are about 12,000 deaths a year because of unnecessary surgery, another 80,000 fatalities because of infections contracted in hospitals and about 7,000 due to medication errors.
The Impact on Patients and Their Families
There are many cases in which medical negligence can turn a person’s life upside down. Medical negligence such as a surgical error can leave a person disabled or with permanent injuries. In this particular case, the victim was left disabled unable to go back to his prior job. His marriage was also destroyed because of the emotional impact of the botched surgery and the drastic personality changes the victim underwent as a result of the brain damage and nerve damage. This case is a tragic example of how one mistake can destroy lives.
Compensation for Victims
Victims of medical malpractice may be entitled to compensation such as lost wages and benefits, past and future pain and suffering, permanent injuries, hospitalization costs, physical therapy, etc. If you or a loved one has been injured in New York as a result of medical negligence, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can provide you with more information about pursuing your legal rights. Our firm has recovered many millions of dollars for victims of medical negligence. Please call our offices 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: The Insurance Journal