It is not uncommon for a patient to undergo multiple procedures for a single medical issue. While typically, such treatment will offer them relief, in some cases, it will unfortunately result in compounded harm. In such cases, more than one provider may be deemed liable, as demonstrated in a recent New York case in which the plaintiffs sought medical malpractice claims against multiple defendants. If you were harmed due to an improperly performed procedure, it is advisable to talk to a Syracuse medical malpractice attorney about your rights.
It is reported that the plaintiff underwent surgery at the defendant hospital involving mesh placement to repair a hernia. Another surgery was scheduled for later that year, with the defendant doctor as the surgeon, to perform a radical prostatectomy to treat the plaintiff husband’s prostate cancer. However, the defendant doctor aborted the procedure upon discovering intraoperatively that the mesh from the previous surgery had migrated, rendering the prostatectomy unsafe. Subsequently, the plaintiff husband’s prostate cancer was treated with radiation therapy.
Allegedly, the plaintiff husband and his wife, commenced an action against several defendants, including the defendant hospital and defendant doctor, to seek damages for medical malpractice and lack of informed consent resulting from surgeries performed on the plaintiff husband. The complaint alleged that the defendant hospital failed to properly implant the mesh and that the defendant doctor failed to discuss treatment alternatives for the prostatectomy, leading to a cause of action based on lack of informed consent. After discovery was complete, the defendants moved for summary judgment. The trial courts denied their respective motions, after which they appealed. Continue Reading ›