According to local news reports, New York City medical malpractice victim M. Rowland trusted her doctor, orthopedic surgeon Dr. Tischler, and the hospital where he practiced medicine and where she received treatment, New York Presbyterian Brooklyn Methodist Hospital. Rowland was a patient of Dr. Tischler for her history of multiple hip surgeries, multiple infections in her prosthetic joint, and chronic pain. Bound to a wheelchair due to her physical condition, Rowland was referred to Dr. Tischler for another hip procedure that was scheduled to be performed in April, 2015, but, due to “inflammatory markers”, she was not cleared by Dr. Tischler for surgery until July of that year. After the surgery, Rowland later required amputation of the same leg that Dr. Tischler had treated, and, accordingly, Rowland brought a medical malpractice lawsuit in New York City court.
Although Rowland sought to tie Dr. Tischler to the amputation of her left leg, alleging medical malpractice for departing from “accepted standards of care when he did not consult with an infectious disease physician prior to the July procedure” and also “disputed that Rowland had given [Dr. Tischler] informed consent to perform the left hip surgery”, a New York City jury ultimately found in favor of the surgeon and New York Presbyterian Brooklyn Methodist Hospital. While losing your leg or having it amputated is a terrible injury, the jury found that neither the doctor or the hospital departed from any standards of care.
Facts of New York City Medical Malpractice Case Show Factors Considered by Jury in Making Decision for Defendant
But what were the specific factors that seem to have heavily influenced the jury’s decision in M. Rowland’s New York City medical malpractice case? First, according to Dr. Tischler, “his client had communicated sufficient and appropriate information that [she], as a retired reporter, would have understood.” Secondly, Rowland sent Dr. Tischler a “thank-you” note after being treated by the surgeon, that “cited her gratitude for being accepted as a patient and mentioned that her leg was healing.” Finally, as Rowland lived far from the hospital, she was treated by other doctors subsequent to her treatment by Dr. Tischler. Accordingly, at the end of the day, the jury “believed that the doctor should have had an infectious disease consult before performing the July surgery, they did not feel that the departure had any causal relationship to the later amputation and that Rowland had been properly informed”, and found in favor of the defendant surgeon and hospital.
Finding Legal Help in New York City for Your Medical Malpractice Case
As the recent case demonstrates, New York City medical malpractice cases are complex, and victims of medical malpractice in New York City can help strengthen their case by working with an experienced New York City medical malpractice lawyer.
If you were injured by your doctor or medical team in New York City and you need legal help getting compensation due for your injuries, do not hesitate to speak with New York City medical malpractice lawyer Michael Gunzburg, P.C. Contact Michael Gunzburg, P.C. and speak to a lawyer about your rights and options in your New York City medical malpractice case today.
Source:
brooklyneagle.com/articles/2024/10/30/leg-amputation-not-caused-by-surgery-jury-concludes/