Legal Question in Medical Malpractice in New York

hospital overdose

My brother recently passed away in the hospital. All my parents were told was the preliminary autopsy results which stated it was an overdose of methadone as prescribed by the hospital. He was in the hospital for his addiction issues for 1 week before going to rehab. We are waiting for comlete toxicology reports now. DO my parents have a case?


Asked on 5/14/08, 7:48 pm

2 Answers from Attorneys

Re: hospital overdose

Yes - if your brother died due to a hospital caused OD, there is a case. The issue is whether there are damages to justify the costs of the lawsuit and your question does not provide facts to determine this. Also, if it is a public hospital, there is a 90 day notice requirement but its not applicable to a private hospital. Feel free to contact me.

Read more
Answered on 5/14/08, 7:59 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: hospital overdose

Your parents may have a great case. It depends whether or not the hospital caused your brother to overdose. Was this a municipal hospital? If so, you will need to serve a Notice of Claim within 90 days. I see that you are located in Westchester County my firm is as well. I have sued several hospitals and doctors in Westchester County and know malpractice very well. I would suggest that you contact me as soon as possible so that I may discuss your case.

Read more
Answered on 5/14/08, 8:06 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in New York