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.

Continue reading "Stillborn baby due to medical malpractice wins award of $1million" »

A New York Medical Malpractice Lawyer explains that a lawsuit is taking place against a Chinese hospital due to a medically necessary procedure experiencing extreme delays. The lawsuit is being brought against the hospital by the girl’s father. The father says that the delay in the procedure caused further damage to his daughter’s health and mental abilities.
The girl was under medical care because she was experiencing bleeding in the tissue of her brain. Her father says that the hospital she was at should have performed the surgery almost two years sooner than it actually took place. This delay was unreasonable, unnecessary and the cause of the daughter’s current condition. A New York City Malpractice Lawyer explains that in the United States this would certainly be valid grounds for a lawsuit.
The father feels that the Chinese legal system has failed him and not paid enough attention to his complaints; the father has pursued the case through several levels of the justice system. The father says that his accusations of malpractice were ignored, several witnesses were not allowed to testify and that evidence proving that the delays in care were unnecessary and excessive was purposefully destroyed.
The daughter, who was 15-years-old at the time she experience the initial brain hemorrhaging, currently needs fulltime medical attention and help with activities of daily living. The man is suing for damages and, he says, to obtain justice for his daughter, whose future has been destroyed. He would have a much easier time in the U.S. In New York City or Brooklyn, a case like this would not be held up by the government.
Though the man remains doubtful that he will receive a favorable ruling or that the case will even make it a hearing, he continues to pursue the case. The case faces several hurdles. The man is seeking lawsuits against both the hospital and the attending physician. It is unclear at this time what the man hopes to obtain in monetary compensation, or if he hopes to receive any financial benefit at all from the case beyond what he needs to support his daughter.
There were no statements available from the lawyers involved in the case. The Chinese government has also not commented on the case, although there is legislation proposed which would regulate medical malpractice cases.

Continue reading "New York City Medical Malpractice Lawyer Evaluates Chinese Malpractice Case" »