Personal Injury Lawyers in New York

A jury has decided that a California surgeon must pay $25.million for cutting the sphincter muscle of a man who was having a cyst removed from his buttock. James Van Buren of Merced, California has not had control of his bowel since he was injured during the 2001 procedure in the doctor's office. Dr. Sian Evans, a general surgeon, cut the man's sphincter muscle while trying to drain the infected cyst. The lawsuit charged that Dr. Evans was not careful enough in cutting the nickel-sized cyst and hit the man's nearby sphincter muscle.

Because of the injury, 43-year-old Van Buren will have to wear diapers for the rest of his life; his attorney said this tragedy has caused him embarrassment, emotional pain and has ruined the rest of his life.

Due to some states having medical malpractice award caps, the judgment may be limited to $250,000. If that happens, the case will go to the state appellate court. Many attorneys who specialize in medical malpractice cases contend that the cap on non-economic damages in the 1975 is outdated. In the mid-1970's, $250,000 would equate to about $1 million today.

If you or a loved one has suffered due to medical malpractice in New York City, including Queens, Brooklyn and The Bronx or Long Island, including Nassau and Suffolk Counties, please contact the Medical Malpractice Law Offices of Silberstein, Awad & Miklos today to schedule your initial consultation.