For those in New York City who are the victims of a surgical error, the suffering that they experience may go far beyond the physical impact of the error. They may experience serious complications because of it, requiring them to take extended time away from their careers in order to recover. Then there is the emotional scarring that they may be left to deal with. Not only could the physical limitations that their problems leave them with be debilitating, but it may be next to impossible for them to recover the same level of trust they once had in the healthcare system. Knowing this, it may be clear to see why such victims seek compensation.
An Oregon woman is citing pain, suffering, emotional distress and humiliation along with an impairment to her earning capacity (as well as loss in her overall enjoyment of life) as her reasons behind her medical malpractice lawsuit. She claims that the surgeon she trusted to treat her endometriosis cut into her rectum rather than her vagina during what was supposed to be a simple laparoscopic procedure. This error required multiple surgeries to correct, including a colostomy procedure that later had to be reversed. Today, she continues to have to deal with chronic bowel urgency.
She is seeking $6 million in damages in her lawsuit. Oregon law caps the amount of noneconomic damages one can recover in a medical malpractice action at $500,000. In many of these cases, however, the potential compensation is not the main reason why victims seek action. Rather, it is to hold those responsible for their errors accountable. Those looking to initiate a medical malpractice claim might want to first consider consulting with an attorney.
Source: The Register-Guard “Eugene woman files $6 million medical malpractice suit against local physician” Moran, Jack, Oct. 20, 2017