A New York medical malpractice jury returned its verdict in favor of the plaintiff in a New York medical malpractice case in which he alleged that the defendant urologist negligently tore his urethra during a cystoscopy. The New York medical malpractice jury awarded the man a total of $3.6 million, which included $2.64 million for future pain and suffering and $950,000 for past pain and suffering.
The plaintiff had gone to the Manhattan urologist in 2010, complaining of blood in his urine. The defendant performed a routine cystoscopy on the man to rule out certain causes for the blood in his urine. During the procedure, in which a thin, lighted tube with lenses called a cystoscope is inserted through the urethra into the bladder and water or saline is infused through the cystoscope into the bladder so that the urologist can clearly examine the bladder wall, the urologist tore the man’s urethra.
As a result of the tear in his urethral wall, the plaintiff suffered strictures (scar tissue buildup) in the years following the procedure that caused him pain and urinary complaints. The plaintiff had to have additional surgery in 2012, and he requires another surgery in the near future.
The defense argued that a tear in the urethra is a known risk of a cystoscopy and that the urologist was not negligent. The plaintiff argued to the jury that his injuries were severe, traumatic, and long-lasting. The plaintiff’s New York medical malpractice lawyer stated after the verdict, “We were able to show that there had been such a traumatic injury caused during the procedure that any doctor properly performing the procedure would have noticed it immediately and would have been able to take steps to have prevented a stricture from forming.”
In addition to the urologist who performed the cystoscopy, the plaintiff had sued a neurologist for allegedly failing to diagnose strictures as the cause of his pain. The all-male, six-member New York medical malpractice jury determined that the defendant neurologist had breached the standard of care in treating the plaintiff but that his medical negligence was not a cause of the plaintiff’s injuries.
The defendant urologist reportedly settled the medical malpractice claims against him before trial. The defendant neurologist will not be responsible for any portion of the $3.6 million medical malpractice verdict because the jury found his medical neglogence did not cause or contribute to the plaintiff’s damages.
The nearly one-month-long jury trial concluded on February 22, 2019 after the jury deliberated for two days before finding in favor of the plaintiff. The defendants had made no offer to settle the New York medical malpractice case before trial.
If you or a family member suffered unexpected harm as a result of a procedure performed by a urologist in New York or in another U.S. state, you should promptly consult with a New York medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your urology malpractice claim for you and represent you or your family member in a urologist medical malpractice case, if appropriate.
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