New York Medical Malpractice Law Firm

Punitive Damages, $600,000 Recovery

Plaintiff, a 72 year-old man, had a trans-urethral prostatectomy for benign enlargement of the prostate. However, following the procedure, he started to bleed. The plaintiff died from blood loss. We proved that the surgeon's failure to respond to calls by residents to find the bleeding site constituted reckless disregard of his patient's condition. We appealed the trial Court's denial of our punitive damage claim and the Appellate Division reversed, finding that these facts supported a claim of punitive damages and ordered a trial. It is rare in a medical malpractice case to be able to obtain punitive damages.

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