A 34-year-old male, married and the father of two young children, was admitted to a hospital for a hemorrhoidectomy. A surgeon removed three external and two internal hemorrhoids and the plaintiff was placed in the post-surgical ward for observation and recovery. While in the post-surgical ward, the plaintiff went at least nine hours without any nursing staff checking on his status. During the shift change, a new nurse found the plaintiff in advanced septic shock and advised the plaintiff's surgeon. The plaintiff's surgeon phoned in an order for medication to stabilize the plaintiff's blood pressure but did nothing to address the plaintiff's underlying septic condition. Approximately 24 hours after surgery, the plaintiff was seen by an infectious disease specialist who administered various antibiotics. These efforts were unsuccessful and the plaintiff died of the effects of septic shock 38 hours after surgery.
The New York Medical Malpractice case proceeded to trial before a jury in Columbia County Supreme Court. The patient's family recovered a total of $3.6 million for the patient's pain and suffering, wrongful death and future lost earnings.