The Porter Law Group is proud to announce that we have secured a $3 million jury verdict for our client, a 49-year-old woman from Rome, New York, in a medical malpractice case against Oneida Health Hospital and physician assistant George Gebrael. This verdict, awarded by an Oneida County Supreme Court jury on October 10, represents one of the largest medical malpractice awards ever given in Oneida County history.
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How a Missed Abscess Diagnosis Led to Years of Pain and Eight Surgeries
On July 17, 2019, our client arrived at the Oneida Health Hospital emergency room experiencing severe and increasing pain. She was seen by physician assistant George Gebrael, who diagnosed her with sciatica—a nerve condition that causes pain radiating down the leg. Despite the sciatica diagnosis not fully explaining all of her symptoms, Gebrael referred her to an OB-GYN for follow-up but discharged her from the emergency room without conducting the comprehensive examination and testing necessary to identify the true source of her condition.
Five days later, on July 22, 2019, our client returned to the same emergency room, now in even greater distress. This time, medical providers diagnosed her with a perirectal abscess—a serious infection near the rectum that requires immediate medical intervention. This type of infection, left untreated, can spread rapidly and cause extensive tissue damage, leading to severe complications and the need for multiple invasive surgical procedures.
The five-day delay in proper diagnosis had catastrophic consequences for our client. What could have been treated promptly and effectively if diagnosed correctly during her first ER visit instead progressed into a far more serious condition requiring extensive medical intervention.
The Failures in Care
Our legal team, led by Managing Partner Michael Porter, argued that the attending medical providers at Oneida Health failed to meet the standard of care required in emergency medicine. Specifically:
Inadequate History-Taking: The medical team did not obtain a complete and thorough medical history that would have revealed critical information pointing toward the correct diagnosis.
Insufficient Physical Examination: Gebrael failed to perform the necessary physical examinations that would have detected the perirectal abscess during our client's first emergency room visit. A proper and complete examination would have revealed physical findings consistent with this serious infection.
Missed Imaging Findings: During our client's first ER visit, a CT scan was performed. Expert testimony at trial from a diagnostic radiologist revealed that the CT scan actually showed the top portion of the abscess. However, the radiologist who read the scan missed this critical finding because Gebrael had not provided sufficient clinical information to guide the radiological interpretation. This failure in communication between the treating provider and the radiologist represents a breakdown in the coordinated care that patients deserve and expect.
Failure to Consider Differential Diagnoses: When the sciatica diagnosis did not fully explain all of our client's symptoms, rather than conducting further investigation, Gebrael simply referred her to another specialist without ruling out other serious conditions that required immediate attention.
In his deposition, Gebrael maintained that our client had not presented with typical symptoms of a perirectal abscess, that he performed appropriate examinations for the symptoms she exhibited, and that the CT scan would have detected an abscess if one were present. However, the jury rejected this defense after hearing compelling testimony from medical experts and reviewing the evidence.
The Physical and Emotional Toll of Delayed Diagnosis
The five-day delay in diagnosing our client's perirectal abscess allowed the infection to worsen significantly, transforming what should have been a relatively straightforward treatment into a medical nightmare that has lasted more than six years.
As a direct result of the delayed diagnosis, our client has endured:
- Eight painful and invasive surgeries over the course of just over two years
- Extensive and prolonged medical treatment far beyond what would have been necessary with timely diagnosis
- Permanent physical conditions that will affect her for the rest of her life
- Ongoing decreased quality of life, including limitations on daily activities and persistent pain
- Significant emotional trauma from years of medical procedures and the loss of her previous quality of life
Medical experts retained by the Porter Law Group testified that if the abscess had been properly diagnosed on July 17, 2019, during our client's initial emergency room visit, her condition could have been cured with far less invasive treatment. The delay allowed the infection to spread and cause tissue damage that required multiple complex surgical interventions to address.
"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 our client's condition could have been cured," said Michael Porter, Managing Partner of the Porter Law Group. "This jury's award will not give our client 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 her to better cope with the terrible physical and emotional consequences of her injuries."
What the Jury Awarded for Pain and Suffering in This Medical Malpractice Case
After reviewing the evidence and hearing testimony from medical experts, the Oneida County jury delivered its verdict on October 10, finding that physician assistant George Gebrael committed medical negligence in his treatment of our client. The jury awarded:
- $1 million for past pain and suffering, compensating our client for the more than six years of physical pain, emotional distress, and diminished quality of life she has already endured
- $2 million for future pain and suffering, recognizing that our client will continue to live with permanent conditions and ongoing health challenges for the rest of her life
Additionally, the jury found Oneida Health Care vicariously responsible for Gebrael's negligence. Vicarious liability is a legal principle that holds employers accountable for negligent acts committed by their employees when those acts occur within the scope of employment. This means that both Gebrael and Oneida Health will contribute to satisfying the $3 million judgment, presumably through their respective medical malpractice insurance policies.
"The award will also ensure that our client will receive the quality of medical care she will need for the remainder of her life," Porter noted. "Our client has suffered terribly because of the substandard medical care that cost her a cure, and which cost her the quality of life she once enjoyed."
What Emergency Room Doctors and Staff Must Do to Meet the Standard of Care
Emergency rooms are the front lines of medical care, where providers must make rapid but accurate assessments of patients presenting with a wide range of conditions. While the fast-paced environment presents challenges, healthcare providers must still adhere to fundamental standards of care, including:
- Obtaining complete patient histories to understand the full scope of symptoms and risk factors
- Performing thorough physical examinations appropriate to the patient's presenting complaints
- Ordering and properly interpreting diagnostic tests when indicated
- Maintaining effective communication between treating providers and radiologists or other specialists
- Considering differential diagnoses when initial findings don't fully explain all symptoms
- Recognizing red flags that suggest serious conditions requiring immediate intervention
When emergency room providers fail to meet these standards, patients can suffer devastating consequences. Infections like perirectal abscesses can progress rapidly, and delays in treatment can transform curable conditions into chronic, life-altering health problems.
How Medical Malpractice Damages Work in New York State
New York is one of the few states that does not impose statutory caps on damages in medical malpractice cases. While this policy has led to higher malpractice insurance costs for healthcare providers, it also ensures that victims of medical negligence can be fully compensated for their injuries without arbitrary limitations.
According to the National Practitioner Data Bank of the U.S. Department of Health and Human Services, in 2024, plaintiffs in New York were awarded $594 million across 2,130 medical malpractice cases. While physicians face the majority of these claims, physician assistants, nurse practitioners, and other healthcare providers are increasingly being named as defendants as their roles in patient care expand.
The data shows that in 2024 in New York:
- Physician assistants were named as defendants in 52 malpractice cases
- Medical malpractice awards involving physician assistants totaled approximately $6.5 million statewide
- This verdict represents nearly half of the total physician assistant malpractice awards for the entire state in 2024
This case serves as an important reminder that all healthcare providers, regardless of their title or credentials, must exercise appropriate diligence and adhere to the standard of care when treating patients.
Porter Law Group's Commitment to Medical Malpractice Victims
At the Porter Law Group, we understand that medical malpractice cases involve more than just legal issues—they involve real people whose lives have been profoundly altered by preventable medical errors. This case demonstrates the devastating human cost of medical negligence: years of pain, multiple surgeries, permanent disability, and the loss of the quality of life our client once enjoyed.
Our firm is dedicated to:
- Thoroughly investigating medical malpractice claims and retaining qualified expert witnesses to establish how the standard of care was violated
- Holding healthcare providers and institutions accountable for substandard care that harms patients
- Fighting for full and fair compensation that reflects both economic damages and the profound impact on our clients' lives
- Advocating for systemic improvements in healthcare delivery to prevent similar tragedies from occurring in the future
While no amount of money can truly restore what medical negligence takes away, a successful legal outcome can provide financial security for ongoing medical care, compensate for lost wages and earning capacity, and offer some measure of justice and accountability.
If You Suspect Medical Malpractice
If you or a loved one has been harmed by what you believe may be medical malpractice, it's crucial to act promptly. New York law imposes strict time limits on filing medical malpractice claims, and delays in seeking legal counsel can jeopardize your ability to pursue justice.
Warning signs that may indicate medical malpractice include:
- A diagnosis that was significantly delayed despite clear symptoms
- A condition that worsened unnecessarily due to lack of proper treatment
- Unexpected complications following a procedure or treatment
- Providers who failed to order appropriate tests or properly interpret test results
- Inadequate communication between healthcare providers
- Treatment that deviated from accepted medical standards
The Porter Law Group serves clients throughout Central New York and the surrounding regions, including Rome, Utica, Oneida, Syracuse, Auburn, Oswego, Watertown, Herkimer, Little Falls, Fulton, Cortland, Ithaca, Binghamton, and all communities throughout Oneida County, Madison County, Herkimer County, Oswego County, Onondaga County, Cayuga County, Lewis County, Jefferson County, Chenango County, Broome County, Tompkins County, and beyond. No matter where you are located in New York State, we are here to help.
We offer free, confidential consultations to evaluate potential medical malpractice cases. Our experienced legal team will review your medical records, consult with qualified medical experts, and provide honest guidance about your legal options.
What This Verdict Means for Medical Malpractice Victims in New York
While the verdict in this case represents a significant victory, we recognize that no legal outcome can give our client back the six years of suffering she has endured or fully restore her previous quality of life. However, the $3 million award will provide crucial financial resources for her ongoing medical needs and help her and her family achieve some measure of security and stability moving forward.
This case also sends an important message to healthcare providers throughout New York: patients deserve thorough, careful medical attention, particularly in emergency situations where rapid deterioration can occur. When providers fail to meet the standard of care, they and their employers will be held accountable.
The Porter Law Group is honored to have represented our client in this difficult case, and we remain committed to fighting for all victims of medical negligence throughout New York State.
About The Porter Law Group
The Porter Law Group is a statewide New York personal injury and medical malpractice law firm dedicated to protecting the rights of injured individuals and their families. With extensive experience in complex medical malpractice litigation, our team has recovered millions of dollars in verdicts and settlements for clients throughout New York. We serve clients in every city and county across New York State.
Contact us today for a free, no-obligation consultation: porterprotects.com
This article is for informational purposes only and does not constitute legal or medical advice. Past results do not guarantee future outcomes.
