Medical Malpractice Lawsuits: A Case of Patient’s Death Due to Medical Provider’s Alleged Malpractices
Medical malpractice lawsuits are no less than a battle. The attorney is like a frontline soldier striving to make his plaintiff win the case. As a matter of law, both parties need to submit their witnesses’ statements in the court. If the defendant succeeds to provide evidence against the claims made by plaintiff and plaintiff fails to refute defendant’s actions, the case ends even before it enters the trial phase.
However, in other cases, the case begins and reaches jury trials where different experts look into the case to solidify and testify the allegations. Each expert offers a different opinion, and the verdict totally depends on the jury. If you think that you can file a case against medical malpractice of a doctor, a nurse or any such healthcare provider, you must look for an attorney. Healthcare attorneys can help you in finding an expert who cannot only review your medical records and claims but testify them, if valid.
The Case of a 51-Year Old Man Who Died of a Heart Attack
Recently, there was a case filed in Supreme Court of Kings County by the family of a 51 year old man who died of a stroke, followed by a heart attack. However, the family accused medical providers of wrong treatment that caused the man’s death.
The man was a blood pressure patient and had stopped taking his hypertension medication for about 6 months prior to the treatment he received from the defendants. When he first appeared in medical emergency, he reported mild cough, chest pain, malaise and fever. He was admitted for three days and when released, returned the very next day. However, he was under observation and died a week later of a stroke and a heart attack.
Decision of the Court
The summary of judgement by the New York Appellate Division, Second Department, showed that the court's opinion goes in favor of the defendants. The experts affirmed that the two physicians did not deviate from the standards of medical care. Also, the judgment summary stated that deviation from medical standards was not the cause of physical ailment or death.
The plaintiffs, in return, based their opinion on incorrect facts and so, failed to refute the opinions of the defendant's experts. Thus, the court decided in favor of defendants and the case dismissed.
Speak to the Attorney
Medical experts cannot always prevent the death and worsening condition of patients but in many cases, it can be avoided under proper observation and medical practices. Doctors, nurses and other health professionals are humans after all and so, can commit mistakes.
The law holds them accountable however, most of the doctors and health insurance companies do not allow to hold them liable. If you are thinking of filing a case against a medical expert, you need to have a strong medical representation. So make sure you look out for a medical malpractice attorney.