Legal Question in Medical Malpractice in New York
who can be sued? and is this medical malepractice
my wife goes to the emergency room complaining of shortness of breath and chest pains her blood pressure was 183/106 they took no xrays or ekgs , no diagnostic testing they gave her a neubilizer used for asthma and sent her hom shes never had asthma, the next day she deceased, my wife had no prior heart problems whatsoever, the hospital employed an emergency service corporation for the emergency room, can the director of the emergency room corporation be sued as well as the attending physcian and the hospital? or can all of the above be sued? very confused
4 Answers from Attorneys
Re: who can be sued? and is this medical malepractice
You need to consult with a medical malpractice attorney right away. If this is a pubic hospital (owned by a municipality) a Notice of Claim needs to be filed to preserve your rights. Have you been appointed to administer your wife's estate? As for whether or not there was malpractice, we would need more information and the medical records. Please feel free to contact me.
Re: who can be sued? and is this medical malepractice
You should immediately contact PI attorneys specializers in Medical Malpractice.
Suggest, my PI attorneys: Ressler & Ressler, for a free online, on the phone, or in office consultation. You may tell them that I referred you.
They have over 50 years of experience in personal injury, wrongful death, medical malpractice and other complex tort litigation.
Email contact is: [email protected]
Or, you may contact me by email for further information.
Good luck,
Phroska L. McAlister,ESQ
Re: who can be sued? and is this medical malepractice
Was there an autopsy performed to determine the cause of death? This will be very important.
Also get the medical records ASAP.
You need to see an attorney specializing in med mal, wrongful death, etc. Many will take a case like this on a contingency basis, but if your wife was elderly and already was close or exceeded normal life expectancy, you may have difficulty finding an attorney who would be willing to take on such a case. Since there are many tight time restrictions on these types of cases, don't delay.
Re: who can be sued? and is this medical malepractice
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. It will be important to know your wife's age and 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.
As you can see from other responses, 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.
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