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Patient wins rare victory in surgical malpractice against doctor

Undergoing a surgical procedure to correct a painful condition may inspire feelings of relief that the pain may soon be alleviated. While the patient may also have some concerns that the operation may not be successful, he or she may not expect it to end in a surgical malpractice lawsuit. Unfortunately, Massachusetts patients can wind up suffering further harm as a result of a medical mistake.

Recently, a jury in another state decided in favor of a woman who underwent spinal surgery in 2011. According to the claim, the 42-year-old patient suffered from painful scoliosis, which is a curvature of the spine. Unfortunately, the surgery went awry, and the woman claimed that she was left in far worse condition than before her procedure. In addition, she alleged that her follow-up care was inadequate and contributed to her worsening physical condition.

The surgeon  allegedly has a record of substance abuse and probation after the 2011 failed surgery. He was found to be under the influence of narcotics during another procedure and removed from the operating theater. His medical license purportedly expired in 2016 and has not been renewed.

The patient has since undergone another operation to correct the harm done during the botched procedure. According to accounts, her pain was so severe after the first procedure that she would lose consciousness. The Yakima jury awarded her an estimated $1.2 million in compensation for her medical bills as well as pain and suffering. Massachusetts patients who have likewise suffered due to the negligence of a medical provider may seek to recover monetary damages through a surgical malpractice suit of their own.

Source: yakimaherald.com, "Yakima jury awards $1.2 million to victim of medical malpractice", Molly Rosbach, Aug. 1, 2017

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