Ronald W. Ramirez, Attorney at Law

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Retrial ordered in case alleging doctor errors

Those suffering from pain in New York are often desperate for relief. As a result, they seek medical care with the understanding that the care provided will be appropriate and will relieve their pain, not worsen their overall situation. Unfortunately, a man in another state claims that doctor errors concerning his wife caused her brain damage. Although originally awarded $22 million, his case was recently overturned on appeal.

The case involves a woman seeking treatment for chronic back pain. She reportedly received two epidural steroid injections from a doctor who worked as a anesthesiologist and pain management specialist. However, during the third treatment, the patient's husband claims that the doctor ignored alarms from a pulse oximeter, indicating that that her blood oxygen levels dropped.

As a result, the plaintiff claims that his wife suffered catastrophic brain damage. For the next six years, she lived as a quadriplegic with profound cognitive impairment before she passed away. Although a court originally ruled in favor of the woman's husband, the defendant appealed the ruling all the way to the Georgia Supreme Court. The court noted that allegations of medical malpractice were strong. However, at issue where instructions given to the jury regarding both medical malpractice and ordinary negligence, and the verdict was overturned and the case remanded for retrial.

Patients in New York place a great deal of faith in the care provided by doctors and other medical care professionals. While most workers are well-trained professionals, there are those who fail to adequately monitor their patients during a procedure, for example, resulting in catastrophic injuries. In some cases, the only option to ensure that others do not suffer similarly as a result of doctor errors may be to file a medical malpractice lawsuit.

Source:, "Georgia Supreme Court orders retrial in $22 million medical malpractice case", Kristin Emery, March 22, 2018

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