Lever & Ecker, PLLC September 26, 2016 General
The widow of a New York man has filed a medical malpractice lawsuit against a doctor and hospital alleging that her husband’s life could have been saved if doctors had listened to her when she told them that he was still alive.
In her lawsuit, the plaintiff tells the story of the worst night of her life.
On October 10th of 2014, her husband left their home and took their 13-year-old son grocery shopping. While at the grocery store, he suffered a heart attack and was taken to DeGraff Memorial Hospital. His wife was called and she rushed to the hospital.
When she arrived, doctors informed her that despite their best efforts her husband had passed away. She and her children were invited to say their goodbyes. But what they told her before she entered the room took her by surprise:
“Don’t be surprised if it looks like he’s breathing.”
After entering the room, she began speaking to her husband, telling him how much she loved him and saying goodbye. That’s when she noticed that when she spoke, his eyes would move to look at her. She called out for the doctor who informed her that “He had a lot of life to expel out of his body because he’s only 46.”
This happened several more times before her husband actually lifted his head in the doctor’s presence, who exclaimed “Oh my God he has a pulse!”
The man was once again subjected to medical treatments and tests but this time, it was actually too late. He was rushed to Buffalo General Medical Center via an ambulance where paramedics described him as responsive, breathing, and able to hold a paramedic’s hand.
He passed away from a punctured lung, sustained when CPR was administered and several ribs were broken. In the time that he was left untreated, fluid and air filled in around the lung.
His wife filed the lawsuit and is asking for compensation for medical bills, lost wages, and the physical and emotional pain and suffering her husband experienced during the hours that he was left without medical care. She is also hoping for an apology.
Yes. Medical malpractice cases can be filed against any medical professional or medical facility – including nurses, doctors, physical therapists, EMT’s, hospitals, nursing homes, and medical centers.
It is possible to pursue legal action even if a consent form has been signed. A consent form simply means that you have agreed to have a medical procedure performed. Medical professionals are still expected to give a certain standard of care and if they fail to do so, they can and should be held responsible.
The standard of care is the type of medical care that a doctor should use to treat a patient based on their medical condition, age, and weight. It is the generally agreed upon course of treatment by the medical community.
To give a very basic example, if someone is being treated for allergies, the medical community would agree that the standard of care for that patient would be to prescribe allergy medication.
If any medical facility or doctor informs you that they are unable to give you a copy of your medical records, you should contact an attorney as soon as possible. Under the Public Health Law in New York, all patients have the right to a copy of their personal medical records.
The cost of hiring an attorney varies from case to case. An attorney can give you an estimate after reviewing your records and discussing the potential legal avenues available to you. In medical malpractice claims, an attorney collects their fee from the compensation that is obtained through a settlement or verdict, which means that victims have nothing to lose.