An upstate New York medical malpractice jury awarded a 49-year-old woman $3 million ($1 million for past pain and suffering and $2 million for future pain and suffering) on October 10, 2025 in her medical malpractice case against a hospital for the alleged failure to diagnose an abscess when she went to the ER on July 17, 2019.
The woman’s New York medical malpractice lawsuit alleged that when she went to the ER she was seen by a physician assistant who diagnosed her increasing pain as sciatica. The physician assistant referred the woman to her OBGYN because the sciatica diagnosis did not fully explain all of her pain.
Five days later, the woman returned to the ER at which time she was diagnosed with a perirectal abscess. She claimed that the CT scan from her first visit to the ER showed the top of the abscess but the radiologist missed the finding because the physician assistant did not provide enough information when ordering the CT scan. She claimed that the delay in diagnosing her perirectal abscess resulted in the worsening of her condition, and the necessary treatment was longer and more complicated than it would have been had the abscess been properly diagnosed and treated during the initial ER visit: she required eight surgeries over a two-year period.
The woman’s New York medical malpractice attorney stated after the verdict, “The attending medical providers at Oneida Health failed to obtain a complete history and perform the necessary physical examinations which would have led to a timely diagnosis, when Cindy’s condition could have been cured. This jury’s award will not give Cindy back her quality of life, or make up for the past six years of her life, but it will provide some financial stability to her and her family, and help Cindy to better cope with the terrible physical and emotional consequences of her injuries.”
Perianal Abscesses
Perianal abscesses are the most common type of anorectal abscesses that can cause significant discomfort for patients. They are located at the anal verge and if left untreated, can extend into the ischioanal space or intersphincteric space since these areas are continuous with the perianal space. They can also cause systemic infection if left untreated.
Ninety percent of all anorectal abscesses are caused by non-specific obstruction and subsequent infection of the glandular crypts of the rectum or anus. Other causes can include inflammatory bowel diseases such as Crohn’s disease, as well as trauma, or cancerous origins. Patients with recurrent or complex abscesses should be evaluated for Crohn’s disease. A physical exam is typically the only requirement for diagnosis.
Perianal abscesses are an indication for timely incision and drainage. Antibiotic administration alone is inadequate and inappropriate. Incision and drainage are typically performed in the clinic setting or immediately in the emergency department.
Complications may include sepsis, recurrent abscess, fistula formation (either secondary to the disease process itself or surgical intervention), and fecal incontinence (either secondary to the disease process itself or surgical intervention).
The outcomes of perianal abscess treatment depend on the timing of the surgery. Patients with early diagnosis and treatment tend to have good outcomes, but those who have a delay in treatment usually have prolonged hospital course, need for repeated surgical treatments at higher risk of recurrence. The key to improving outcomes is to follow the patient and monitor for any perianal symptoms closely.
If you or a loved one suffered harm due to medical negligence in New York or in another U.S. state, you should promptly find a New York medical malpractice attorney or a medical malpractice attorney in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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