Medical providers such as doctors and hospitals nationwide, including in New York, have a standard of care to maintain. When that standard is compromised, patients can suffer severe harm, and medical providers may be held responsible. While some medical malpractice claims involve the removal of the wrong organs or body parts, a recent lawsuit claimed doctors removed body parts for the wrong reasons.
A 36-year-old woman alleges medical negligence led to a hysterectomy and mastectomy which were both unnecessary. According to court documents, a gynecologist carried out genetic testing and informed the plaintiff that the results indicated a high probability that she would develop breast and uterine cancer. He allegedly told her that surgery was required to prevent this. The entire breast is removed in a mastectomy, and hysterectomy involves the total or partial removal of the uterus -- both procedures may prevent the development of cancer.
The complaint states that the plaintiff was convinced and consented to the surgery. However, it was at a later date when she studied her medical file, which included the genetic test results, that she discovered a nurse had apparently misinterpreted the results and recommended the surgery. The lawsuit accuses the gynecologist of accepting the nurse's verdict without reviewing the test results.
The plaintiff seeks $1.8 million in the recovery of damages. Any New York resident who is in a similar position is entitled to take similar action. However, this is a complicated field of the law, and a civil lawsuit of this nature might be best navigated by an experienced New York medical malpractice attorney.
Source: techtimes.com, "Woman Files Lawsuit Over Unnecessary Mastectomy And Hysterectomy", Sami Ghanmi, Oct. 28, 2017