August 19, 2012

The son of a man who died as a result of alleged medical negligence that occurred in a local New York hospital filed a medical malpractice case in court on August 14, 2012 against the hospital, three of its doctors, and the town in which the hospital is located. The medical malpractice case was filed just over one year since the man died on August 11, 2011, as a result of an abdominal hemorrhage that allegedly occurred during a medical procedure two weeks prior.

The Underlying Facts

On July 30, 2011, the 65-year-old man went to the hospital for medical treatment due to an arm injury. While the man was being treated for his arm injury, he was diagnosed with an enlarged spleen and thrombocythemia (a condition in which there are a higher level of platelets in the blood than is normal — platelets are blood cell fragments made in bone marrow that travel through blood vessels that assist in clotting). The man was instructed to return to the hospital to further investigate his high platelet count.

The man returned to the hospital on August 11, 2011, during which a doctor attempted to perform a bone marrow biopsy. The medical malpractice claim alleges that the man’s right ilium (the uppermost and largest bone of the pelvis) was negligently fractured and his iliac artery negligently injured during the biopsy procedure, and that the doctor who attempted the biopsy was not qualified to perform the procedure and that she deviated from the required standard of care when she performed the procedure.

The medical malpractice lawsuit claims that the man’s artery damage was not diagnosed at that time and that he was discharged after the biopsy. While in the hospital’s parking lot, he fainted and was brought to the emergency room where a CT scan found abdominal bleeding. As a result of the bleeding, the man was given three blood transfusions. However, the man’s condition deteriorated to the point that he suffered cardiac and respiratory arrest, from which he was initially resuscitated. He died later that night.

The medical malpractice case alleges that the man “suffered hypovolemic shock, conscious pain and suffering, mental anguish, injury, shock to his system and his wrongful death.”


It is sad that the man went to the hospital seeking treatment for a relatively minor medical condition involving his arm and then subsequently died as a result of an alleged negligently performed diagnostic medical procedure involving an unrelated medical condition.

It was apparently proper for the man’s doctor to further investigate his high platelet count by ordering a bone marrow biopsy (leukemia was a possibility) but when the doctor undertook to perform the procedure herself, she was expected and required to perform the procedure competently and to comply with the applicable standard of care in performing the procedure.

If the man’s surviving son is able to prove through expert testimony during the trial of his medical malpractice case that the hospital and/or the doctor(s) breached the standard of care in their treatment of his father, then they should be held responsible for the man’s resulting injuries and death.

If you have been injured due to possible medical malpractice in New York or in another state in the United States, you should promptly arrange to consult with a local medical malpractice attorney to answer your questions regarding the matter.

Click here to visit our website or call us on our toll-free line (800-295-3959) to be connected with medical malpractice lawyers in your state who may be able to investigate your possible medical malpractice claim for you and file a medical malpractice case on your behalf, if appropriate.

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