Kevin E. Hulslander, Esq., successfully defended two emergency room physicians and secured a defense verdict in a medical malpractice claim venued in Supreme Court, Cortland County. Plaintiff pursued claims against the emergency room physicians, hospital and other providers alleging negligent failure to diagnose cauda equina syndrome and negligent failure to refer the plaintiff-patient to a neurosurgeon. The emergency room physicians defended against plaintiff’s claims arguing they did not believe plaintiff suffered from cauda equina syndrome during their treatment of him.
The jury returned a verdict in favor of the emergency room physicians, finding their actions were not the proximate cause of plaintiff’s alleged injuries. The jury found negligence and proximate cause against the co-defendant hospitalist and awarded $200,000 for past pain and suffering, $50,000 for loss of consortium, $5,000 for past medicals, and $50,000 for future medicals. The jury made no award for future pain and suffering or loss of consortium.