When a medical practitioner in New York breaches his or her duty of care in providing you with optimal treatment, you have a right to pursue legal action. At the law office of Jasne & Florio, L.L.P., we understand how severely a permanent injury may affect you and the lives of your spouse and family. Without a legal remedy, not only might you find yourself without the means to pay for the required care and rehabilitation, the parties responsible may avoid accountability for their malpractice.

As reported by USA Today, a jury awarded more than $50M to a woman and her husband over her paralysis resulting from a preventable medical mishap. Two physicians advised a 56-year-old patient she required surgery after complaining of tingling and pain along her head, neck and hands. During the surgery, however, the patient suffered injuries that her legal team claims is a hematoma, which is blood outside of vessels that collects around the brain. The permanently paralyzed patient cannot walk now and filed a legal action against the surgeons.

During the trial, the two surgeons defended themselves by claiming she suffered a stroke after the surgery, and nothing could have prevented her injuries. The jury, however, found the surgeons liable for a failed spinal cord operation, negligent post-surgical care and a misdiagnosis resulting in their patient’s quadriplegia.

The jury’s decision included a $55.9 million award with $10 million awarded to her husband over lost services. Allegedly, the surgeons failed to disclose that during the operation, a monitor detected the patient’s injury, but their records showed that no adverse events occurred. With a proper diagnosis, staff may have caught the post-surgical hematoma and the patient may not have suffered permanent paralysis.

Our page on personal injury provides more information about filing a legal action for recovery from a medical practitioner’s negligent care.