Botched Cancer Surgery Leads to Million Dollar Recovery
As a firm we remain humbled by the strength, courage and perseverance of our Medical Malpractice clients. In a case that spanned nearly five years, we recently achieved a million dollar policy limit award and vindication for our client and his wife.
Our client sustained life changing injuries and a recurrence of rectal cancer due to a general surgeon’s failure to exercise reasonable care in the performance of a simple colon surgery. The defendant doctor failed to accept responsibility and suggested that the surgical technique was within the “standard of care”. He further denied that our client’s permanent colostomy and cancer recurrence was due to the manner in which the surgery was performed. Incensed, by the doctor and the result of the surgery, our client sought our legal help.
As is often the case, the insurer for the doctor chose to deny and defend the case resulting in protracted litigation. The doctor and his insurance company chose to settle the case only after dozens of depositions and a series of extremely well qualified experts were retained. The case, litigated by associate attorney Jane Duket and partner Joe Marasco, exemplifies the determination of our clients to achieve justice. Although the financial recovery was obviously substantial, our clients were primarily motivated by a desire to hold the doctor accountable for his actions with the hope that others will not suffer the same fate.