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Man files medical malpractice suit, awarded $28 million

When a New York doctor misdiagnoses a serious condition, this may reduce a patient's quality of life or even end his or her life in certain circumstances. One out-of-state medical malpractice case involves a patient who said that doctors misdiagnosed his ulcer. He filed a suit against them and was recently awarded damages totaling $28 million.

The man, who used to own a restaurant, filed the legal suit alleging that pain in his abdomen stemming from an ulcer in his intestine was not properly diagnosed. The man claimed that his perforated ulcer caused him to have to undergo over 12 surgeries and be hospitalized over the course of three years. The ordeal led to his having short-bowel syndrome and being incapable of working or caring for himself.

A jury found that two gastroenterologists did not abide by the standard of care when treating the man, which ultimately caused damage and injury to him. Following a trial that lasted three weeks, the jury awarded the man over $14 million in life and medical expenses that will be incurred in the future. He was also awarded noneconomic damages totaling $8 million along with $5 million in damages to his marital relationship. Another $1 million was awarded for previous medical costs. These costs will enable him to afford a caregiver who can work with the man full time.

If a doctor is negligent in diagnosing a patient's medical condition, that patient has the right to explore all of his or her legal options. One of these options may be filing a medical malpractice lawsuit, seeking damages. Liability has to be established by competent proof in order for a judge to decide damage claims in New York.

Source: The Baltimore Sun, "Baltimore jury awards $28 million damages in malpractice case", Lorraine Mirabella, Sept. 4, 2015

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