Articles Posted in Wrongful Death

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Many hospitals and facilities not only provide medical care, but they also act as learning institutions for doctors in training. Thus, in many cases, a patient will be treated by a resident who is supervised by an attending physician. The duties imposed on supervised medical personal differ from those exercising independent judgment, as explained in a recent medical malpractice case decided by the Appellate Division of the Supreme Court of New York, and in some cases, a resident may not be held liable for an injured patient’s harm. If you were injured by negligent medical care, it is advisable to speak with a dedicated Syracuse medical malpractice attorney to discuss your potential claims.

The Plaintiff’s Treatment

It is alleged that the plaintiff’s decedent underwent gallbladder removal surgery, during which his liver was lacerated. He subsequently died from bleeding complications. The plaintiffs then filed wrongful death and lack of informed consent claims against the defendant medical center, and defendant resident. As to the defendant resident, the plaintiffs alleged that he failed to test the decedent’s blood coagulation profile or to address the decedent’s coagulation issues prior to the surgery. The defendant resident filed a motion for summary judgment, which the court denied. The defendant appealed.

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Losing a loved one is a shattering experience in anyone’s life, especially when the death was untimely and unexpected. If you lost a loved one during or shortly after a medical procedure, you may be entitled to file a wrongful death lawsuit. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse wrongful death attorneys will thoroughly review your claim and determine how we can help. With years of experience, you can rest assured that we understand how to pursue the compensation you need to move on with your life.

Unfortunately, medical malpractice is more common than you may think. In fact, one Johns Hopkins study found that medical malpractice deaths are the third-leading cause of death in the nation. According to data collected by the Institute of Medicine, one of five medical errors are potentially serious or fatal. Additionally, an estimated 98,000 Americans die each year due to preventable medical errors, including 7,000 deaths caused by medication errors.

When your loved one’s death is caused by someone else’s negligence, you may be able to file a wrongful death claim against the at-fault party. New York places the responsibility of filing the wrongful death claim on the “personal representative” of the deceased person’s estate. This means family members are not allowed to file a wrongful death claim in civil court unless that family member is also the personal representative of the deceased person’s estate. However, the wrongful death claim may seek damages for losses suffered by the deceased person’s heirs, beneficiaries, or devisees, as well as any losses suffered by the decedent’s estate.

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