New Trial For Medical Malpractice Victim
A man who was diagnosed with a tumor when in fact he had multiple sclerosis has won the right to a new trial in order to sue for medical malpractice. The man was misdiagnosed with a tumor by a neurosurgeon, and as a result ended up undergoing brain surgery unnecessarily. The new trial was deemed necessary because the original judge is said to have limited the plaintiff’s medical experts, according to the Ninth Circuit US Court of Appeals.The case was that of Daniel Jerden and his wife, who filed a lawsuit against the neurosurgeon, Paul Amstutz. The surgeon who made the misdiagnosis based partly on an imaging scan conducted brain surgery on the plaintiff, but it was then discovered that the surgery wasn’t necessary as Jerden did not actually have a tumor.
The plaintiffs stated that a more thorough examination of the test results and scans along with a simple biopsy would have shown that the patient in fact had MS and not a tumor, and would have saved the patient a great deal of pain and suffering through surgery.
At the trial there were medical experts testifying for both the plaintiff and the defendant, some stating that the surgeon had caused unnecessary pain and suffering and other stating that he had made a reasonable diagnosis the first time given the evidence and results available.
Topic Added January 9th, 2006
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