Lack of Informed Consent Cost Hospital, Doctor $3 Million
January 17, 2002
A New York jury recently returned a $3 million verdict in the case of a former Lake Placid corrections officer who fell victim to medical malpractice. Michael Strack suffered a grand mal seizure in the spring of 1997. After being admitted to St. Peter's Hospital, a CT scan revealed the presence of an arachnoid cyst and neurologist Bruce Chozick was immediately summoned. Dr. Chozick recommended draining the cyst. Chozick explained to Strack and his wife, Nancy, that the procedure would not involve intrusive surgery into the brain.
However, once Strack was anesthetized, Chozick met with his wife and explained that after further analysis he would have to cut into the brain. Nancy Strack argued that this new procedure was different from the one the doctor previously described. The surgery went forward and Chozick subsequently damaged Strack's brain stem, causing paralysis and loss of speech. The Stracks were successful in demonstrating that St. Peter's Hospital and Dr. Chozick violated New York medical regulations by not obtaining a signed consent form approving the modified procedure.
-- Article Courtesy of InjuryBoard.com
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