Prosthetic Penile Implant Causes Eight Month Erection

Staff Writer | June 20th, 2013

malpractice compensationA man from Newark, Delaware is seeking malpractice compensation after a penile implant left him with an erection that lasted eight months. He told jurors that the inflatable prosthesis made him feel like ‘less of a man.’

The 44-year-old truck driver testified in New Castle County Superior Court in Wilmington, Delaware earlier this month, describing how the procedure caused him to wear baggy sweat pants and a long shirt in order to hide his condition. He also told the court he had withdrawn from much of life as a result of the problem.

The plaintiff is suing urologist Dr. Thomas Desperito on charges of medical malpractice; Desperito’s attorney said nobody was to blame for the man’s condition, adding that the urologist had informed the plaintiff after four months that the prosthesis should be removed, but that the patient did not follow up for months. He had already suffered an infection at the four month stage.

The plaintiff underwent the procedure in December 2009. The prosthesis was eventually removed in August 2010 after components of the implant punctured his scrotum. The plaintiff says scarring has left his penis 50% smaller, negatively impacting his sex life and marriage. He and his wife are seeking damages of an unspecified amount.

Filing a New York medical malpractice lawsuit

Mercifully, the unfortunate victim’s case falls well within New York’s controversial statute of limitations for medical malpractice lawsuits. One of a handful of states with no ‘date of discovery rule’, New Yorkers seeking malpractice compensation must take legal steps within 30 months of the harm being caused. The rule has deprived numerous victims of rights available to other American citizens.

The law means that patients are often unaware of brewing health problems – such as cancer – until after the statute of limitations has expired. Patients who can’t afford private healthcare are even worse off, getting only a 15 month period from the date malpractice occurred in which to file a lawsuit.

Securing malpractice compensation with legal assistance

In cases of medical negligence, an attorney can help you establish liability and move forward with legal action. Various questions have to be considered before bringing a New York medical malpractice lawsuit against healthcare professionals:

  •  Was the injury caused by the action or inaction of medical staff?
  •  Would the same injuries have occurred if those actions had not taken place?
  •  Could something else have been the cause of the injury?

A medical malpractice attorney can help you answer these questions and build a strong case. Should you have grounds to file a lawsuit, you may be eligible for damages to cover past and future medical bills, pain and suffering, and other losses.

To learn more about your legal options for recovering malpractice compensation, contact The Sanders Firm. Their experienced team can help you establish liability, and inform you of the advantages and disadvantages of filing a lawsuit against the healthcare professionals responsible for your injury. For more information, call our offices at 1-800 FAIR PLAY for a free case evaluation.