Medical Malpractice $2 Million Settlement
The law Offices of Marc S. Albert is pleased to announce the settlement of a tragic medical malpractice case which was brought on behalf of the family of a 30 year old wife/mother who died as a result of a negligently performed diagnostic mediastinoscopy and biopsy surgical procedure on March 4, 2009. The case, which was brought in the Supreme Court, New York County was recently settled for the sum of $2,000,000.00 at a pre-trial mediation.
It was our position in the case that the defendant surgeon was negligent in failing to perform the surgery in the first place given the patient’s condition and that the manner in which he subsequently carried out the procedure also deviated from the standard of care. Our client had been previously diagnosed with Superior Vena Cava Syndrome (SVCS), compression of the Superior Vena Cava, which makes a mediastinoscopy a far more dangerous procedure than it would be otherwise. A patient with SVCS undergoing this surgery will face a significantly greater risk of bleeding during the procedure and increased difficulty in controlling a bleed should one occur. Unfortunately, this is precisely what occurred during the surgery, as the surgeon tore the plaintiff’s Superior Vena Cava, leading to tremendous bleeding which he could not control. The plaintiff never regained consciousness following the procedure and was pronounced dead later that same day.
IT IS CERTAINLY THE HOPE THAT THE SUCCESSFUL RESOLUTION OF THE CASE CAN HELP THIS TRULY WONDERFUL FAMILY BEGIN TO LOOK FORWARD TO WHAT WILL, NO DOUBT, BE A BRIGHT FUTURE TOGETHER.
The result was, simply put, a tragedy, leaving a young man without his 30 year old wife and their 6 year old son without a mother. It is certainly the hope that the successful resolution of the case can help this truly wonderful family begin to look forward to what will, no doubt, be a bright future together.