Rebecca Wacker, the plaintiff, underwent an emergency surgery to cure her severe lower back pain and leg weakness. Post-surgery, her health deteriorated and she suffered injuries of permanent nature, which the suit claimed was a result of several hours of delay in her diagnosis…law.com, Delayed Diagnosis Claim Yields $1.19 Million Jury Award in Burlington, David Gialanella, Mar, 20

The defendants in the suit, the principle among them being, advanced practice nurse Jeffrey Magasiny of Emergency Physicians Associates, a contracted nurse who treated Wacker in the emergency room, contended that the diagnosis and result would have been no different had Wacker underwent surgery that morning instead.

After about three weeks of trial, the jury unanimously submitted that nurse Magasiny deviated from the standard of care and awarded damages amounting to $1.7 million for pain and suffering, and attributed the injury 70% to Magasiny and 30% to a preexisting condition, making net verdict $1.19 million.

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Kayur V. Patel, MD, MRO, FACP, FACPE, FACHE, FACEP
KayurVPatel@ExpertWitness.MD