We recently settled a medical malpractice case on behalf of one of our clients during the course of her litigation.
To have a successful medical malpractice case in New York, we must be able to prove three elements: 1) there was a departure from good and accepted medical practice: 2) that this departure caused our client to sustain an injury; and 3) that our client’s injury is permanent in nature. In order to prove these elements, we must present at the time of trial testimony from a medical expert who has reviewed all relevant medical records and materials concerning our client.
In regards to this most recent medical malpractice settlement, our client, who was an in-patient at a local metropolitan hospital, was experiencing symptoms consistent with an allergic reaction subsequent to having a surgery at that hospital. The nursing staff proceeded to inject our client with epinephrine to address these symptoms. However, the epinephrine was administered improperly and at five times the recommended dose. Our client immediately went into cardiac arrest as a result.
We obtained all relevant medical records and had the case reviewed by a medical expert, as is required prior to the commencement of all medical malpractice cases in New York. The expert advised us that the nursing staff committed medical malpractice during the administration of the epinephrine and that these acts of medical malpractice caused our client to go into a cardiac arrest and sustain permanent injuries.
Based upon the expert’s opinion, we immediately commenced a lawsuit against the responsible hospital who we alleged was responsible for the negligent acts of its nursing staff. During the course of discovery, but prior to taking the deposition of the nurse whom we claimed was responsible for these acts of medical malpractice, we negotiated a six-figure settlement for our client. We did this by aggressively pursuing the medical malpractice litigation while communicating with defense counsel in order to obtain this pre-trial settlement.
“Recent medical malpractice settlement for Franklin, Gringer & Cohen PC” was written by Michael S. Mosscrop