The New York Personal Injury Blog

Hospital Injures Man By Throwing Out Ear

A man is suing New York City after a piece of his ear was thrown out once he arrived at Montefiore Medical Center. Eduardo Garcia, 67, had the piece of his ear, but once they arrived at the hospital, the New York Daily News reports that it posed a "potential risk of contamination or infection" so it had to go.

Now, Garcia is upset that the medics took away his option of trying to have it reattached. But who is really at fault here?

The obvious signs point to Garcia's son because his dog was the one that bit his ear. If the father wanted to, he could easily sue his son for damages caused by his pet. Depending on the severity of the bite and if this has happened before, the son could even face criminal charges if the father charged him.

But Garcia's problem isn't that the dog bit him, it's that the hospital staff didn't even attempt to reattach the piece of his ear. His New York personal injury attorney could argue how this "deformity" is the result of the hospital's poor service and not the dog because they could have been able to reattach it.  

The personal injury attorney may go for negligence on the part of the hospital, but that would depend on the hospital's policy. If they really were following procedure, does Garcia have a case?

If they brought the ear in and looked at it thoroughly before explaining to Garcia that the risk of infection was too high, would the suit even be happening?

If they were acting to protect the immune systems of the patients including Garcia by not bringing the ear in, the suit would seem hypocritical; however, since the ear has been disposed without any pictures taken or tests down to prove how contaminated it was from the dog's saliva, we can't know.

If you were the victim of medical malpractice, or told that something was done out of procedure, but it didn't seem right, you can contact a New York personal injury lawyer. They can research what the actual policy is so that no one else's discarded ear goes unheard into the dumpster