A man was awarded $250,000 by a jury in Dauphin County, New York, in a lawsuit against a doctor and a hospital. The action was brought against a doctor of Penn State Milton S. Hershey Medical Center and the hospital itself, where it was determined that the patient experienced problems resulting in a hernia following a surgery.
The medical errors surfaced following a gall bladder removal surgery in 2007. Subsequently, the doctor failed to provide appropriate and prompt treatment to the patient, which resulted in a hernia. The hernia caused the patient pain and prevented him from performing daily duties, such as performing household tasks and working.
The patient won the suit despite the defense’s claim that the doctor acted appropriately given the information that was available at the time. The plaintiff also attempted to settle the case before trial for $100,000, but the defendants rejected it.
It is considered medical malpractice when a doctor or other health care provider deviates from the standard of care. This means that certain acts fell below the standard practice of care. The standard of care is determined by what a typical doctor would do in a similar situation.
In order to determine medical malpractice, it must be established that a doctor or health care provider owed a duty to a patient, that the doctor or health care provider deviated from the standard practice of care, and that the deviation caused an injury. People in New York who have been affected by medical malpractice may find it helpful to consult medical malpractice lawyers who may explain their rights and options and recommend courses of action.
Source: The Patriot-News, “Dauphin County jury awards $250K damages in medical malpractice case,” Matt Miller, March 11, 2013
