Legal Question in Medical Malpractice in New York
�Wrongful Death� (or some) action?
Question: Has a patient in a hospital and/or a hospital-related facility that incurs �an infection� that leads to death, suffered an �actionable event�?
Circumstances:
1. My mom passed away on August 26, 2008, in the Hospital, after being transferred from their re-hab facility, with �an infection�.. that lead to her demise, four days later.
2. She had been in their care since June 29th, for a broken hip and a �sleight heart attack�� She was given a hip re-placement surgical operation.
(Possible that a �staph� or �like infection� occurred in this procedure!?)
3. She was then transferred to the re-hab facility, and was re-habbing from the middle of July until August 22nd or 23rd, when I was called and told that she �had an infection and low blood pressure and was being transferred back to the hospital..�, where she died 4 days later.
So, my (legal) question is: �Is a medical facility, caring for a patient, responsible for �injuries and/or infection(s)� that befall the patient while under their care?
Is there a cause of action?
5 Answers from Attorneys
Re: �Wrongful Death� (or some) action?
In order to sue for medical malpractice there has to be a depature from the standard of care. In order to address this issue I would need to hear more facts. Please feel free to contact me. If the hospital or rehab facility is public there is a 90 day notice of claim requirement from the date of the malpractice. I handle these cases on a contigency basis so please feel free to contact me. The above is for informational purposes only and not meant as legal advice.
Re: �Wrongful Death� (or some) action?
Typically yes. I have to take a thorough intake as there are many issues that come into play in a medical malpractice claim. Kindly contact me, Pasquale Calcagno of Calcagno & Associates at 1(800)WE-FIGHT. We have convenient locations in all five boroughs and and Nassau and Suffolk counties. You can also visit us on the web at www.1800wefight.com.
Re: �Wrongful Death� (or some) action?
As usual in the law of medical malpractice, the answer is "Perhaps". Contracting an infection in a hospital is a known and accepted risk of treatment. However, if something was done carelessly to cause your mom to develop an infection, there may be a case. To start, you'd have to obtain a complete copy of the chart. Then, the chart would be reviewed first by a lawyer, and then a physician if the lawyer felt that was indicated. The physician would charge for his time, a cost that might be passed onto the client. The physician would then render his/her opinion as to actionable negligence. Might be yes or no. If no, don't expect any refund. Good luck. Best, ME Zuller
Re: �Wrongful Death� (or some) action?
As usual in the law of medical malpractice, the answer is "Perhaps". Contracting an infection during a hospital stay is a known and accept risk of treatment. However, if something careless was done by someone which caused your mom to develop an infection then there might be a case. First thing to do is obtain a complete copy of the chart. Then, have it reviewed by a lawyer (who should not charge). If the lawyer believes there might be something, he would have the chart reviewed by a doctor who would charge for his time. This cost might well be passed along to the potential client. Afterwards, the doctor would render his opinion as to whether there was any deviation from accepted medical practice. Could be yes or no. If no, don't expect any refund. Good luck. Best, M. E. Zuller
Re: �Wrongful Death� (or some) action?
As usual in the law of medical malpractice, the answer is "Perhaps". Contracting an infection during a hospital stay is a known and accept risk of treatment. However, if something careless was done by someone which caused your mom to develop an infection then there might be a case. First thing to do is obtain a complete copy of the chart. Then, have it reviewed by a lawyer (who should not charge). If the lawyer believes there might be something, he would have the chart reviewed by a doctor who would charge for his time. This cost might well be passed along to the potential client. Afterwards, the doctor would render his opinion as to whether there was any deviation from accepted medical practice. Could be yes or no. If no, don't expect any refund. Good luck. Best, M. E. Zuller
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