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New trial ordered for damages after fatal spinal surgery

Waiting for a loved one to come out of surgery could feel like a nightmare for anyone in New York and across the country. To then learn that the person died soon after the surgical procedure is indescribable. A man in another state whose wife died during spinal surgery received a monetary judgment in a medical malpractice lawsuit. However, he recently learned that the court voided the amount of damages awarded at that time, saying that it is not consistent with other similar cases.

The trial in question occurred in March 2018, in which the husband claimed the death of his wife was caused by medical negligence. He claimed negligent medical personnel administered depressants and opioids to his wife during the surgical procedure at an outpatient facility. Reportedly his wife died within hours after the procedure.

At the original trial, the jury awarded the husband wrongful death damages of $10 million and an award for survival damages of a further $10 million. The overseeing county judge overturned this second amount at the time of the trial. The defendant in that case, Laser Spine Institute, subsequently appealed the $10 million damages award. Although the judge denied the appeal, she noted that the verdicts in similar cases did not exceed $2.5 million. For that reason, she ordered a new trial.

Medical malpractice regarding spinal surgery or any other medical negligence is a complicated field of the law. Anyone in New York state who has lost a loved one in similar circumstances may want to secure a medical malpractice attorney's services. Choosing legal counsel with extensive experience in wrongful death and medical malpractice cases can provide the necessary support and guidance that might avoid a retrial as in the described situation.

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