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$24 Million for Misdiagnosis Upstate NY Resulting in Stroke


Posted on Aug 31, 2011

A family in upstate New York has been awarded $24 million this week for a wrongful diagnosis, which led to a stroke shortly thereafter.

On July 18, 1998, Daniel C. Oakes of Olean, NY, entered Millard Fillmore Suburban Hospital near Buffalo for two CT scans. One of the scans was not even interpreted before a misdiagnosis for a brain aneurysm was handed down. Three weeks later, Mr. Oakes suffered a stroke, which left him paralyzed.

Mr. Oakes and his wife took the case to court and won a jury decision for $5 million in 2008. Their lawyer appealed because he believed the award was not large enough. Supreme Court Justice Timothy J. Drury agreed that the award was too small and in April 2009 called for the defendants to pay $18 million or begin the trial anew.

The decision was appealed and landed in the Appellate Division of State Supreme Court, Fourth Judicial Department, which last week voted 3 to 2, upholding the prior ruling, and expanded the award to $24 million.

The majority of the costs are to be made by Kaleida Health Care System, a non-profit healthcare provider. The rest is to be paid by Mr. Oakes' physician and neurologist.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with medical errors like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at [email protected] to answer your questions. That's what I do every day. I welcome your call.

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