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He never even knew what killed him. He went in for what was supposed to be a routine surgical
procedure and died on the table. Let me share with you why it’s going to be very difficult
– if not impossible – to bring a claim for pain and suffering for a medical malpractice
case here in New York in that scenario. Come join me as I share this great information
with you. Hi. I’m Gerry Oginski. I’m a New York medical malpractice and personal
injury trial attorney practicing law here in the state of New York. The patient was
told this would be a routine procedure except it wasn’t. There was a massive complication
that occurred during the course of surgery and, as a result, the patient died intraoperative
while he was on the table under anesthesia. Now the family members are trying to bring
a lawsuit for pain and suffering. Can they do that? The problem is in order to bring
a claim for pain and suffering, which is typically the biggest part of any medical malpractice
case in New York, is that we have to show that the patient was conscious and aware of
what was happening to them. We had to show that the patient had some level of awareness
of impending doom. We have to be able to prove that we are more likely right than wrong that
the patient knew that what was happening to them would likely result in his death. And
if the patient is under anesthesia, how then can we possibly prove that the patient had
some level of consciousness and awareness of what was going on? In all likelihood, we’re
not going to be able to. And that means that the biggest component of the medical malpractice
case involving pain and suffering would be out and we would not be able to prove that.
We can also try to show there was a financial loss to the family. What if that person wasn’t
earning a living? Well that part of the claim would be out too. If we can’t bring a claim
for pain and suffering and we can’t bring a claim for pecuniary loss (or the financial
loss of the family), what else can we bring? Well the only other possible claim we can
bring is the loss of a spouse or the loss of a parent to a child. Now that represents
a small component of these types of cases. So why do I share this with you? I share it
with you just to give you a little bit of an insight and an understanding into what
goes on when evaluating a wrongful death in medical malpractice case here in the state
of New York. You know, chances are you have questions and concerns about your own matter.
And if you do and your matter happened here in New York, what I encourage you to do is
pick up the phone and call me. I can answer your legal questions. This is something that
I do every single day and I welcome your call. You can reach me at 516-487-8207 or by email
at lawmed10@yahoo.com. I’m Gerry Oginski, here in New York. Have a great day!