Legal Question in Medical Malpractice in New York

Re: is this medical malepractice and who can be sued

I am sorry to hear of your loss.

In order to determine whether there was malpractice, a physician should review the records and determine whether the ER physician and staff departed from accepted medical standards. I was an Emergency Room nurse for 10 years prior to becoming an attorney and find it very surprising that a patient with chest pain and shortness of breath did not receive an EKG or CXR and they diagnosed asthma with no prior history. Congestive heart failure and some types of cardiomyopathy can usually be diagnosed by a chest x-ray. It will be important to know your wife's medical history as well to review the records.

Corporations that staff Emergency Rooms in New York are "Professional Corporations" or "P.C.'s". They can be sued. Under New York law, even if a physician practices as an employee or shareholder of a Professional Corporation, he/she is still responsible for his/her malpractice. It may also, in some cases, be possible to sue the hospital for malpractice that ocurrs in an Emergency Room.

You should consult with an experienced medical malpractice attorney as soon as possible who will obtain your wife's records and have a physician review the case.

Please feel free to contact me if you wish to discuss this matter.