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New York Personal Injury Attorneys

SPBMCC Member Elizabeth Montesano Obtains $550,000 in Medical Malpractice Case

October 16, 2023 in

On Sept. 7, 2023, SPBMCC Member Elizabeth Montesano, Esq., successfully obtained a $550,000 settlement for a 37-year-old man who received improper surgery following an all-terrain vehicle accident.

ATV Accident Leads to Emergency Room Visit

On November 24, 2019, the client presented to a hospital’s emergency department after sustaining an injury when a tree branch punctured his left thigh and groin while riding an ATV.  He arrived at the hospital with a tree branch embedded in his thigh and was admitted to receive care from a trauma surgeon.  Radiological testing showed evidence of injury and that a tree branch was implanted in his left thigh, crossing through his groin and onto the right side of his body, including his right thigh and hip. 

The trauma surgeon performed exploratory surgery and surgical removal of the embedded tree branch on the patient’s left side but never explored the right thigh, groin, or hip, despite evidence of retained tree material on the right side of the patient’s body. 

As a result of the retention of the wood, significant infection and abscess formation developed in the right thigh requiring surgery, antibiotic therapy, and extensive wound care.

More Than Seven Weeks of Worsening Pain Ignored

The patient remained hospitalized for over a week.  During this time, he continued complaining of worsening pain on the right side of his body.  Further radiological testing revealed that he retained foreign material in his right leg and hip. However, over the next seven weeks, despite the findings and his continuous reports of worsening pain and an inability to recover over the next seven weeks he did not receive adequate treatment.

Unable to receive the needed care, he changed physicians and received a confirmed diagnosis of retained foreign material. Finally, two months after his original injury, he underwent surgery to remove more than ten wood fragments and a piece of torn denim that remained in his right leg. One of the fragments of wood measured over 8 centimeters by 4 centimeters.

Elizabeth Montesano Successfully Represents the Plaintiff

SPBMCC attorney Elizabeth Montesano, Esq., represented the patient and successfully negotiated a $550,000 settlement before trial against the trauma surgeon for failing to perform surgery properly. The settlement will compensate the patient for further treatment and complications as well as pain and suffering. 

Learn More About Firm Member Elizabeth Montesano 

Elizabeth Montesano, a firm member, is a vigorous advocate for people injured due to medical malpractice. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. Ms. Montesano handles all types of medical malpractice cases, including birth injuries, delays in cancer diagnosis, and surgical and cardiac cases. To learn more about firm Member Elizabeth Montesano, click here.

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