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Court Dismisses Med Mal Lawsuit for no Doctor/Patient Relationship


This is an unusual case and it may yet have another outcome at a later date. Suffice it to say that the court’s decision is being questioned and an appeal will be filed, said the New York Medical Malpractice Lawyer.

The plaintiffs in this case lost their suit against the defendant; a case in which the lawsuit alleged that the defendant’s medications made a man kill his wife. This med mal lawsuit was filed by the financial representative of the children in this case and it named a doctor and nurse at a local medical clinic.

The ruling indicated that the children were not patients at the clinic and because they were not patients, they could not file a lawsuit for medical malpractice. In other words, they could not stand in their father’s shoes.

The facts of the case involved a 38-year old man who shot his wife to death in a local parking lot because he was angry at the amount of money she was asking for support. They were separated, as the wife had learned the husband was having an affair. On trial, the man was sentenced to 20 years to life for aggravated murder with no chance of parole for 26 years.

The lawsuit indicated that the defendant nurse had given the man steroids and other drugs without the approval of the supervising doctor. The defendant stated he would not have killed his wife but for the drugs. That aside, said the New York Medical Malpractice Lawyer, when it comes to med mal cases, the defendant must owe a duty to the plaintiff. In this case, the judge said the defendant doctor and nurse did not have a duty to the plaintiff children. The only person that could file a medical malpractice lawsuit would be the man convicted of murder. Doctors and nurses in Suffolk and Westchester Counties must be very careful in administering medications while a patient is being operated on.

When doctors or other medical professionals make mistakes, someone has to hold them accountable. This is why you hire a New York Medical Malpractice Attorney. Only a skilled New York Medical Malpractice Attorney will be able to get you the justice you deserve. The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Brooklyn, NY, can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.

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