New York Injury Law Blog

Family Awarded $3 Million In Medical Malpractice Death

The Washington Post reports a jury has awarded $3 million to the family of a man who died after being misdiagnosed as having a hiatal hernia.

After barbecuing a steak and taking a bite, a 52-year-old man went to the Inova HealthPlex at Franconia-Springfield, Virginia, on July 6, 2006, with chest pains and complaining of trouble swallowing. After X-rays, EKG, and a CT scan of his chest, the radiologist’s notes show he thought the patient was suffering from “a large hiatal hernia.”

After being treated with oral medications with no success, the man was taken to Inova Fairfax Hospital where he continued to be treated with oral medications for his severe chest pain. The next day, a surgeon found the man had a perforated esophagus and ordered he be prepared for immediate surgery.

After suffering from the perforated esophagus for over 24 hours, he was severely weakened and went into cardiac arrest as he was being prepped for surgery, suffered irreparable brain damage and died July 17, 2006.

The widow filed a wrongful death lawsuit against the radiologist, the Association of Alexandria Radiologists and Fairfax Anesthesiology. Fairfax Anesthesiology settled out of court for $600,000. Due to a state cap on medical malpractice, the jury award was lowered to $1.25 million.

The New York Law Offices of Scott C. Gottlieb and Associates, LLP, have vast experience in medical malpractice lawsuits. Experience counts. If you feel that you or a loved one has suffered due to medical malpractice, call our 24-hour answering service at (800) 825-5529 or contact us via our online contact form. Our offices are located in Binghamton, Elmira, Rochester, Watertown, and Syracuse. There is no charge for the consultation.

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