Pennsylvania readers may have heard about the man who recently achieved a medical malpractice jury verdict of just under $4 million. He filed the medical malpractice claim after undergoing an unnecessary surgery. According to the lawsuit, the man was diagnosed with myasthenia gravis and advised to have surgery that involved the removal of his thymus.
In addition to the surgery, the man was given medication and blood treatments, which resulted in him gaining 80 pounds. Following all the surgery, health-damaging treatments and other ill-effects, the man discovered that he never had myasthenia gravis in the first place. This case, which occurred in neighboring state, underscores the fact that medical malpractice victims are entitled to stand up for their rights.
Inexplicably, the man began to fall repeatedly in 2004. His surgeon told him that the falls were the result of a neuromuscular disorder called myasthenia gravis. The surgeon told the man that his conditions would not improve, and he would eventually be crippled and die if he did not undergo surgery, blood and medication treatments. Nevertheless, in spite of more than 74 treatments, the man continued to fall.
The man went to another doctor, who determined that he suffered from cataplexy. Cataplexy is easily treatable with medication. Now that the man has received the new Cataplexy treatment, he has not suffered any falls.
Though the jury has spoken, the doctor apparently plans to appeal. His attorney asserts that the doctor followed acceptable medical practices and guidelines. It is common for doctors and hospitals who lose medical malpractice lawsuits to appeal a verdict, whether in Pennsylvania or elsewhere, especially if it involves a multi-million dollar award like this one does. However, the burden will now be on the doctor to convince a court that the determination should be reversed. In the meantime, the plaintiff will likely seek to continue to protect his interests by continuing his fight for justice
Source: jewishvoiceny.com, "NYC Doctor's Error Leads to $4M Settlement", Chaim Sternberg, April 23, 2014