Medical Malpractice and the Damon Patterson Case
One such lawsuit involved 17-year-old Damon Patterson in May of 2013, who underwent surgery at the Bronx’s Montefiore Medical Center for the removal of the cancerous portion of his mandible. For the surgeons to complete his surgery, skin had to be grafted from Damon’s right leg to help reconstruct his jaw after the cancerous portion had been removed.
According to Damon, the medical staff at the center failed to provide him with appropriate post-surgical treatment, as two ulcers, also known as “pressure sores,” were discovered when his splint was removed. Damon was forced to undergo painful and extensive care to treat these ulcers, which included debridement and physical therapy. Unfortunately, Damon suffered permanent tendon and nerve damage, which interrupted his chemotherapy treatment and has limited him physically.
According to a wound-care expert, hospital staff needs to adhere to certain protocols when using splints and, had these protocols been correctly followed, Damon would not have suffered as he did. Ultimately, the jury of Damon’s medical malpractice lawsuit found the center’s medical staff to have acted negligently and awarded Damon 5.7 million dollars in damages.
To file a successful medical malpractice lawsuit, you will need to prove the following:
- That a doctor-patient relationship existed between you and your doctor/s
- That your doctor/s was/were negligent when treating you and did not conform to the expected standard of care of their profession/s
- That your doctor/s negligence caused your injury or caused you harm
- That this injury or harm lead to specific, considerable damages that have caused you pain and suffering
As seen through the Damon Patterson case, proving these points can be both difficult and confusing, which is why your very first action step should be to consult with a medical malpractice lawyer who can guide you through the process and help you prove these important points for a successful medical malpractice lawsuit. If you live in NYC, then you will need to consult with a qualified NYC medical malpractice attorney as both the law and the statute of limitations differ by state.
If you have been provided with sub-standard treatment or incorrect treatment, which has caused you suffering due to medical negligence, unprofessional behavior, and unethical actions, then it is likely that you have a viable medical malpractice lawsuit, and you should contact a medical malpractice lawyer as soon as possible.
If you think that either you or a member of your family may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.
You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling (212) 697-9280 today.