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Judge grants second medical malpractice trial

When patients in New York and other areas of the country agree to undergo surgery, they often do so under the belief that they are in the skilled and responsible hands of their doctor. After all, patients are forced to live with the consequences of their surgeons' medical actions and mistakes. In the event that something does go wrong in the operating room, patients have the right to hold their doctors accountable. One woman's medical malpractice lawsuit illustrates how complicated the process of proving surgical errors can be in court, and may offer hope to those facing similar obstacles.

The woman at the center of a case underwent surgery to her left clavicle in 2011. The surgeon was allegedly forced during the course of the procedure to secure a metal plate to the patient's clavicle with surgical sutures instead of securing it directly to the bone. A short time after the first surgery, another doctor removed the plate entirely.

The original surgeon contends that he was unable to permanently attach the six-inch plate because of the patient’s osteoporosis. She argues, however, that the surgeon should not have performed the surgery as he did. The woman claims that she now suffers from disfiguration, pain and disability as a result of the doctor’s mistakes.

The woman filed a medical malpractice lawsuit against the surgeon seeking $1 million in damages, but the trial ended when the jury could not come to a decision. Fortunately, however, the plaintiff will have another opportunity to prove her case now that she’s been granted another trial. The new trial is scheduled to commence late next year.

Source: dailyprogress.com, “New trial set for medical malpractice case,” Rhonda Simmons, Oct. 21, 2013

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