Medical Malpractice

Douglas P. Perry

29 year old male underwent surgery consisting of a laminectomy by a Neurosurgeon. Anesthesia was administered by the co-defendant during the the course of a 7 hour operative procedure during which the patient was positioned in the prone position on a Jackson Operating Table. The plaintiff was positioned on the operating room table by a combination of the surgeon, anesthesiologist and operating room personnel who were employed by the hospital. Shortly after the plaintiff came out of anesthesia, he made complaints of bilateral paresthesias in both upper extremities from the region of the armpits down through the fourth and fifth fingers of each hand. Plaintiff introduced expert testimony which established that the type of injuries from which the plaintiff suffered could only have resulted from negligent positioning on the operating room table. At the close of plaintiff’s case, the complaint was dismissed as to the defendant, hospital, although the case proceeded against both the surgeon and anesthesiologist as well as the hospital on a Mduba Theory. In his summation, plaintiff made a claim for $2.5 million for pain and suffering and lost earnings. Following six hours of deliberations, the jury returned a verdict in favor of both the surgeon and anesthesiologist as well as the hospital on plaintiff’s Mduba Theory. The verdict was returned on May 28, 2013 in the Suffolk County, Supreme Court.