It is a sad day in New York when a doctor makes a mistake during a common medical procedure. A 74-year-old man incurred serious injury that eventually led to his death, after receiving a thoracentesis. This procedure involves placing a needle through the chest of the patient, in order to collect a fluid sample from the space around the lungs. Regrettably, hospital injuries are a growing cause of concern across the country.
The decedent’s wife was shocked to learn that this common procedure led to the untimely death of her husband. The radiologist performing the thoracentesis accidentally perforated the man’s spleen. It is alleged that the doctor knew that he had done this, but released the man from the hospital anyway. Shortly thereafter, the man returned to the hospital complaining of severe abdominal discomfort and shortness of breath.
He was then taken in for a CT scan, which revealed the hospital negligence. He was hemorrhaging from his spleen, which resulted in his death. According to the hospital’s claim, the man was left under the watch of radiological nurses before his discharge. The man’s widow is rightfully seeking justice for the hospital negligence.
If the physician had known what had occurred he should have taken the necessary precautions to save the man’s life. Instead, the doctor chose to cover-up the negligence.
Whether in New York or anywhere else in the country, hospital injuries caused by negligent or reckless conduct should not go unpunished. The man’s widow has apparently consulted legal counsel for the death of her husband, seeking to deter the doctor and hospital from similar misconduct in the future that might threaten the life of another person.
Thankfully the law allows for recovery of monetary damages for injuries, as well as pain and suffering which is caused by medical malpractice, including hospital negligence. In the case of a fatality, the victim’s estate is authorized to recover damages for the wrongful death. In New York, an attorney intent on upholding the rights of victims and their families from the negligent and wrongful acts of doctors and hospitals may offer some support and guidance in seeking the justice that is deserved.
Source: The News Times, "Widow of New Milford Hospital patient hires an attorney," Susan Tuz, Sept. 5, 2011