Legal Question in Medical Malpractice in New York
malpractice suitability
A very elderly relative developed a large cellulitis type rash at an IV site while hospitalized for congestive heart failure but despite being brought to the attention of both the patient's nurse and resident doctor, no antibiotics were given(because the WBC had not risen), and the patient was discharged to his private residence. Five days later, the patient was admitted to a second hospital with the diagnosis of cellulitis at the forementioned site, staphylococcus sepsis and staphylococcus endocarditis thought by the Infectious Disease consultant to be a result of the cellulitis. The patient has been left very ill and has suffered much and is now in a state that if he survives will probably never be able to go home again. Considering the patient's age and history of infirmities is this still a case that would be taken by a top malpractice law firm? Would you give the family any specific instructions at this time prior to contacting an attorney?
3 Answers from Attorneys
Re: malpractice suitability
Wow. I have a case like this right now that is strikingly similar. Let me offer a few bits of advice.
First, make sure you ascertain the names of all nurses and doctors that were caring for this relative. Medical records are not always complete, and this is a problem in my current case which is different in that a nurse stuck my client with a dirty needle.
Second, if you are pursuing a malpractice case, you will need a certification from a licensed physician stating that they have reviewed all the medical records and in their opinion, the first hospital deviated from medically acceptable standards in the community.
Lastly, get pictures of the site where the cellulitus is, if it is still swollen.
Just remember that there are nearly always some risks involved with medical care and treatment, including side effects, and if the hospital did what any other hospital would have done in the community, then they are not necessarily negligent.
Re: malpractice suitability
This is the equivalent of nursing home abuse. Because the hospital might be a municipal hospital, the General Municipal Law may apply with a shorter statute of limitations and its own rules and regulations.
Feel free to contact me for a free phone consult. Time might be criticial for starting a suit.
Good Luck
RRG
Re: malpractice suitability
The family really needs to speak as soon as possible with a firm that is expert in medical malpractice and specifically in the areas of infectious disease and geriatrics. A consultation with a really excellent firm of this sort will be free. An experience firm will know that such an infections disease will have been investigated mandatorily as a state reportable incident and that such investigation results will be obtainable though not necessarily admissible depending on what parts of the report your lawyer wants to use. Please call me or email and i will put you in touch with a firm in your area that can help you decide is a lawsuit should be pursued. I worked in NYC for a couple years and know the firms that regularly do this work. call or email 5853195334
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