Medical Malpractice verdicts in favor of plaintiffs are far and few between in the Upstate Counties of New York. There is a lot of discussion about why malpractice verdicts are the way they are, some valid and some not valid. The biggest roadblock to the peaceful settlement of claims is, in my less-than-humble opinion, professional egotism. Doctors, Lawyers, Accountants, Teachers, have a very difficult time in being told that they have done something in a "careless" way. Professionals, so called, are the worst in our society, at admitting that they screwed up. In many ways we professionals are like badly brought up children. We try to point the finger or tell people why we have not done wrong or that the wrong was really a right. Doctors are especially challenging in this mode. Lawyers, at least, have judges and other lawyers correcting them, arguing with them, putting them down, etc. Teachers have students ready to cut them down to size every minute of every day. Accountants, no matter what, have the cold hard facts of numbers.
But doctors, (here I sigh...). They have no one who holds them into account. Ask most nurses and they will tell you that many (NOT ALL), doctors have a self-important arrogance bred of thier self-perception of constantly saving lives and of having little, if any, checks on their ego -- no wise-ass student, no judge telling you why your argument sucks, no numbers thrown in your face where you transposed a number by mistake.
Most malpractice clients who come to our offices come because the doctor was arrogant, rude and/or dismissive of their problems.
Here is one where the good guy won, and its from the Plattsburgh Press Republican. Yes, my partner Tom Grue and I are absolutely estatic for our client, George. He's a great guy. This is from the Plattsburgh Press Republican.
"February 14, 2012
Brushton man gets almost $1 million after surgery lawsuit
MALONE — A Brushton resident has received nearly $1 million for injuries he suffered during a prostatectomy performed in January 2007.
George Guyette, 74, was awarded $919,276.67 following a week-long trial against Plattsburgh urologist Dr. Leo Grafstein and his practice, Urology Associates of Northeastern New York.
Grafstein plans to appeal the decision.
“I am very glad for George,” said Guyette’s attorney, Joseph Nichols of Poissant, Nichols, Grue and Vanier law firm in Malone. “This is a nice outcome for a fine man, who has had to go through so much (since the procedure).”
INJURY CHECK
The case focused on Grafstein’s failure to check for a possible rectal injury following the prostatectomy to remove a portion of the prostate gland.
“The doctor should always check (for any damage to the rectum) before closing the patient up,” Nichols said. “We believed it was very apparent in this situation that the doctor did not check to see what had happened.”
Testimony during the trial confirmed that Grafstein had “performed the procedure carefully and properly but had failed to check at the end of the surgery for the possibility of a rectal injury,” Nichols’s firm stated in a press release.
According to court records, Grafstein and a defense expert from Albany testified that such a procedure was not required.
But all of the medical witnesses called to testify agreed that the consequences of not identifying a rectal injury following the procedure would result in a prolonged course of treatment, including a colostomy as an alternative channel for feces to leave the body.
INFECTION
“Mr. Guyette’s bowel contents leaked into his abdomen (following the procedure) and created a terrible infection,” Nichols said. “Since then, he has had to undergo lots of surgeries, including a colostomy. These are things that he continues to go through.”
Contacted by the Press-Republican, Grafstein refused to comment on the case.
His attorney, Peter Scolamiero, who is based in Albany, said his firm could not comment but did note that an appeal is planned.
‘IMPORTANT’
Nichols praised the jury of five men and one woman for its patience in following the information it received over the course of the trial.
“The decision is important for many members of our community,” he said. “Prostate cancer is the fourth most common cancer that a man is likely to face in his lifetime.
“The jury’s findings validate the community’s expression that it desires to have doctors take a few minutes to do a surgery carefully and to avoid complications that sometimes can occur.”
Guyette will be required to repay $137,100.28 from the judgment for Medicare payments incurred over the past several years.
The judgment will be paid by the urology’s medical malpractice insurance carrier, Medical Liability Mutual Insurance Co."
George Guyette, 74, was awarded $919,276.67 following a week-long trial against Plattsburgh urologist Dr. Leo Grafstein and his practice, Urology Associates of Northeastern New York.
Grafstein plans to appeal the decision.
“I am very glad for George,” said Guyette’s attorney, Joseph Nichols of Poissant, Nichols, Grue and Vanier law firm in Malone. “This is a nice outcome for a fine man, who has had to go through so much (since the procedure).”
INJURY CHECK
The case focused on Grafstein’s failure to check for a possible rectal injury following the prostatectomy to remove a portion of the prostate gland.
“The doctor should always check (for any damage to the rectum) before closing the patient up,” Nichols said. “We believed it was very apparent in this situation that the doctor did not check to see what had happened.”
Testimony during the trial confirmed that Grafstein had “performed the procedure carefully and properly but had failed to check at the end of the surgery for the possibility of a rectal injury,” Nichols’s firm stated in a press release.
According to court records, Grafstein and a defense expert from Albany testified that such a procedure was not required.
But all of the medical witnesses called to testify agreed that the consequences of not identifying a rectal injury following the procedure would result in a prolonged course of treatment, including a colostomy as an alternative channel for feces to leave the body.
INFECTION
“Mr. Guyette’s bowel contents leaked into his abdomen (following the procedure) and created a terrible infection,” Nichols said. “Since then, he has had to undergo lots of surgeries, including a colostomy. These are things that he continues to go through.”
Contacted by the Press-Republican, Grafstein refused to comment on the case.
His attorney, Peter Scolamiero, who is based in Albany, said his firm could not comment but did note that an appeal is planned.
‘IMPORTANT’
Nichols praised the jury of five men and one woman for its patience in following the information it received over the course of the trial.
“The decision is important for many members of our community,” he said. “Prostate cancer is the fourth most common cancer that a man is likely to face in his lifetime.
“The jury’s findings validate the community’s expression that it desires to have doctors take a few minutes to do a surgery carefully and to avoid complications that sometimes can occur.”
Guyette will be required to repay $137,100.28 from the judgment for Medicare payments incurred over the past several years.
The judgment will be paid by the urology’s medical malpractice insurance carrier, Medical Liability Mutual Insurance Co."
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