New York Medical Malpractice Lawyer Blog

A man has filed a lawsuit against Teton Valley Hospital, stating that their lack of care and medical errors resulted in the death of his wife. He reported to doctors that there were numerous errors and omissions which caused her demise. He also alleges that the hospital and its associates are guilty of racketeering and falsifying medical documents and records.

The man has also accused a physician of not performing an adequate autopsy and failing to properly preserve some of the viable organs. The certificate of death was also allegedly inaccurate. The suit has been filed in federal court and seeks to recover over $35 million in damages. The hospital and affiliates have declined to comment to attorney.

The lawsuit not only blames physicians and hospital staff for the death of the woman, but claims that their actions were torturous and deliberately indifferent. It has not been indicated why the woman was initially hospitalized at the Teton Valley Hospital. There are several parties named in the lawsuit, including doctors, nurses, facilities, and other medical groups. Hospitals in Brooklyn and The Bronx try to prevent these mistakes.

A lawsuit is the only course of action when a loved one has suffered at the hand of someone else. Physicians and medical staff are held to an especially higher standard when caring for our friends and loved ones. Medical malpractice and wrongful death are serious issues. Substandard and inadequate medical care should not be accepted. It is not clear how long this case is expected to take for resolution.

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In the initial case, the jury found for the plaintiff in the amount of $1 million, citing the hospital malpractice and doctors in the stillborn birth of a baby. The hospital appealed and their findings were that it was okay to have amended the original complaint, that negligence was not the direct cause of the baby’s death was not inconsistent or against the evidence, that there was medical malpractice by the hospital, that the doctor did not actually treat the mother and that reducing the damages was not warranted.

The plaintiff alleged that when she went to the hospital in the 32nd week of her pregnancy with abdominal pains that she was not properly assessed or treated. The lack of proper care resulted in the woman having her baby at home without medical help. The baby presented feet first and died of asphyxia due to the head being stuck in the birth canal. The mother’s claim indicated that she suffered terrible emotional pain because of this situation.

At trial there was an argument over whether or not the baby was born dead or alive, as it made a difference in how the court arrived at its judgment. The court stood by 2004 ruling in a similar case and indicated that even in the absence of an injury, med mal in The Bronx and Brooklyn resulting in a stillbirth or miscarriage is a violation of the duty of care to the mother and will mean she is entitled to damages for emotional distress.

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A medical malpractice case was filed against a hospital in Connecticut for not preventing a patient from committing suicide. The case went to court and a jury ruled that the hospital was not liable. However, an appeal has decided to throw the jury verdict out.

The New York Medical Malpractice Attorney handling the case explains that the reason the Jury's verdict is being ignored is because the verdict could have been biased. The judge failed to ask the jury whether or not they read a newspaper article relating to the case, and whether or not it affected their opinions.

The newspaper article was published a few weeks before the start of the trial. It is believed that many of the members of the jury read this. It could have quite easily influenced their opinion. Hospitals all over in places like Staten Island and The Bronx must protect themselves against law suits like this one.

All of this then leads the court to order a re-trial in the malpractice suit. The NYC Medical Malpractice Lawyer explains that the woman was being treated at the Psychiatric hospital in 2002 for depression. The 41 year old patient died shortly after being admitted as she hung herself.

The Silver Hill Hospital is well known because it is so popular with many celebrities and has an excellent reputation.

The jury originally found that the hospital and doctor were not liable because they were not negligent. However, a public ruling recently said that the judge should of asked whether or not the members of the jury read the article.

While the article was not accurate in all of the details, the appeals court argued that it could affect a persona emotions relating to the case. The New York Medical Malpractice Lawyer says that this is a valid case for a retrial.

The executor of the diseased patient’s estate said that he was happy with the ruling as it mad their case much stronger. The argument is whether the jury members will still be fair even after reading the article.

The lawyer for the hospital said that it was very likely the hospital would appeal the case. The hospital is sure that the article did not cause any bias because much of the content was mentioned in the trial proceedings.

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