A 46-year-old man suffered an apparent heart attack while in a grocery store in Buffalo, New York, in October 2014. A bystander performed CPR on the man until an ambulance arrived and took the man to the hospital. Within minutes after arriving at the hospital, the man was declared dead.
When the man’s wife arrived at the hospital, the emergency room physician told her that her husband had died. The emergency room physician advised her that it may appear that her husband was breathing, which was “normal,” but that her husband was dead, according to the wife’s medical malpractice wrongful death lawsuit.
As the wife stood by her husband’s bedside, she noticed movement in her husband’s chest and that his eyes moved in her direction, followed by her husband moving his arm towards her as if he was trying to hug her. The wife questioned the emergency room physician about her husband’s movement and gestures, to which the physician replied that it was “normal” and that her husband just had a lot of life to expel out of his body because he was so young when he died, according to the wife.
The wife’s medical malpractice wrongful death lawsuit alleges that the emergency room physician had never checked her husband’s vital signs until more than two hours after her husband had arrived at the hospital. When the emergency room physician checked the man’s neck with his stethoscope, he was surprised to find that the man had a pulse. The man was then transferred to another Buffalo-area hospital early the next morning, where he died (again).
The wife’s medical malpractice lawsuit alleges that the second hospital also failed to timely and properly treat her husband’s condition, which involved a collapsed lung apparently due to the CPR performed by the bystander at the grocery store. Had the defendant hospitals diagnosed and treated the man’s collapsed lung and had a stent been timely placed in his blocked artery, the wife alleges in her lawsuit that her husband’s life could have been saved but that the delay in appropriate treatment led to his ultimate death. The cause of the man’s death is alleged to be due to respiratory failure as a result of his collapsed lung that was not properly diagnosed and treated.
After her medical malpractice wrongful death lawsuit was filed against the two defendant hospitals, the widow stated in reference to the emergency room physician, “I want him to not do it again to anybody else. I want him to learn something by it, and I want him to look at me in the eyes and tell me that he will.”
If you or a loved one were harmed as a result of medical malpractice in New York, you should promptly find a New York medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
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