January 4, 2012

Medical Malpractice added to wrongful death case

A reporter was quick to point out that a Federal Judge permitted a legal motion to add a medical malpractice claim to one filed against the country Sheriff, the county and other jailers of a wrongful death case.

“The Judge made her ruling and granted permission for changes to the filed complaint,” said a media representative to an advocate .

The defendant’s sister filed a lawsuit against the county Sheriff, the jail nurse and the county for a wrongful death claim. The defendant died at a hospital after he suffered a heart attack in jail where he was incarcerated. The sister of the defendant felt that her brother was misdiagnosed and did not receive the medical care that he should to save his life.

An expert who deals with cases like this in Staten Island and Westchester agrees that the defendant’s family has every right to seek full retribution for the brother’s wrongful death. Apparently, the county was in opposition of the motion that the Judge permitted, but they were quick to withdraw their resistance when the sister of the defendant filed a modified complaint and a sworn statement supplementing what she had already submitted.

The modified claim suggested that the jail nurse was in violation of the appropriate medical standard of treatment by not allowing the deceased to do a follow up doctor’s visit when his condition began to deteriorate. The claim also added that it was the County that was responsible for the way that the nurse behaved. Of course, the County has denied such claims.

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June 13, 2011

Doctors are worried over possible increased costs associated with Medical Malpractice Suits reported a New York Medical Malpractice Lawyer

Some physicians in the Nevada area are fretting the possibility of the law limiting pay outs for damages on medical malpractice suits, will soon be overturned based on a pending case where a woman wrongfully lost her life and left her family behind, said a N York Medical Malpractice Lawyer.

The woman, who died in 2007, was allegedly incorrectly diagnosed by a doctor and died shortly after. She left behind six children and a husband. The doctors involved in the case admitted no fault. These kinds of cases are often reported in Manhattan and Westchester.

The Nevada Supreme Court is in discussions about the current law regarding damages for pain and suffering, which states, “In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover non-economic damages, but the amount of non-economic damages awarded in such an action must not exceed $350,000.”

A NY Medical Malpractice Lawyer explained that the family’s counsel feels the $350,000 should be awarded to each family member involved in the case, which would bring these damages to $5.6 million. This far exceeds the current $350,000 limit.

In response to this case and it’s possibility for overturning the law, several Medical Associations and Societies have petitioned the Supreme Court asking that the law stay the same.

Doctors fear the changing of the law will limit their ability to practice medicine at all due to the increase costs.

“If I have to double my malpractice insurance because of this lawsuit, I'll probably have to leave town. A lot of doctors will be hurt,” one doctor said.


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