$7M Verdict Against Rehabilitation Facility Doctor

The 2014 surgery was necessary to treat the woman’s left femur fracture that she had suffered as a result of a fall in June 2014. The surgery was an open reduction and internal fixation (ORIF) during which a gamma nail and an intramedullary rod were implanted…medicalmalpracticelawyers.com, $7M New York Medical Malpractice Verdict Against Rehabilitation Facility Doctor, Mar 2024


As a result of the responsible defendant’s negligence that resulted in another fracture, the woman required a second surgery several weeks after the original surgery. The woman died at age 77 in November 2020 from unrelated causes. The New York medical malpractice lawsuit was filed in 2015.


The New York medical malpractice lawsuit alleged that while the woman was under the care of the defendant attending physician at the rehabilitation hospital, she complained multiple times about increasing pain and her decreasing mobility. It was not until she had been in rehab for two weeks that an x-ray was taken that showed that the implanted intramedullary rod had migrated through the top of the woman’s left femur and that the nail had eroded and was protruding. Five days after the woman was discharged, she underwent hip replacement surgery at another hospital following a finding that her left hip had fractured in several places.


The lawsuit alleged that the woman suffered a prolonged rehabilitation after the second surgery, resulting in “extreme pain, suffering, loss of enjoyment of life, mental anguish, depression and emotional distress.”


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