He Died During Surgery in NY- Can Family Bring Lawsuit for Pain & Suffering?

Posted over 1 year ago. Applies to New York, NY, 1 helpful vote


He was told it was a routine procedure. Except it wasn't. He had a massive complication during surgery while he was under anesthesia and died during surgery.

His family now wants to bring a wrongful death medical malpractice case here in New York seeking compensation for wrongdoing by the surgeon and anesthesiologist.

Importantly, his family wants to sue for pain and suffering. Can they do it?

Did you know that in NY, in order to bring a claim for pain and suffering in a medical malpractice or wrongful death case we have to show that the injured victim experienced pain & suffering?

If the patient is under general anesthesia during surgery, how then can we show that the patient experienced pain or suffering during his surgery?

How can we show that the patient was aware of the impending doom that was happening during surgery?

How can we show that the patient had some level of consciousness to justify bringing a claim for pain and suffering in the family's lawsuit?

Watch the video to learn more...

Additional Resources

Gerry's Medical Malpractice YouTube Channel

Gerry's Educational Medical Malpractice Website

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