Legal Question in Medical Malpractice in New York

Medical Malpractice

My mother went into the hospital with severe hypothyroidism. She was treated in the ICU for it. She was in the hospital for about a month. She went to a nursing home that one of the doctors was affiliated with. She was there a week when she was diagnosed with Pneumonia. She went back to the ICU where she contracted VRE (Vancomycin Resistant Enterococcus) from infrequent changing of her Foley Catheter. In treating this, she then wanted to go to a different nursing home. Upon her discharge, we found out she contracted C. Diff. (Clostridium difficile). This is causes colitis that is resistant to antibiotics. She is now in very grave condition after undergoing an ileostomy. She is not expected to survive. She is only 68 years old and we believe the hospital is directly responsible. They kept information from us, she also developed level 4 bed sores by the second day after admission. My family and I really need counsel.


Asked on 8/05/08, 4:06 pm

3 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Medical Malpractice

What kind of bills have you incurred? Was Medicare or Medicaid involved? What was your mother's health before her hospitalization? Was she working?

Have you sought out other legal counsel before you posted this message on lawguru?

Please advise

Jason Kessler

Read more
Answered on 8/05/08, 4:15 pm

Re: Medical Malpractice

The medical picture described here is complex. As everyone knows, hospitals and nursing homes can be dangerous places, filled with all sorts of infectious disease. There is always some risk of contracting an infection with any hospitalization, and indeed, this known risk is often relied upon, with success, as a defense in medical malpractice lawsuits.

All medical records would need to be gathered here and reviewed by at least one physician, perhaps a specialist in infectious disease. For a case to be advanced, there must be a theory, finding support with a doctor, that some deviation from the accepted standard of medical care likely caused the infection(s). Not easily done, especially in someone with naturally occurring acute medical issues. VTY, M. E. Zuller

Read more
Answered on 8/05/08, 4:25 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Medical Malpractice

I am very sorry for this terrible ordeal you and your family are going through. If your description is accurate, there seems to be multiple possible claims for nursing home abuse and medical malpractie claims. Call me, Pasquale Calcagno, Esq. of Calcagno & Associates for a free legal consultation at 1(800)WE-FIGHT. If needed we can send a lawyer to your home or the hospital for free to speak to you and your family and answer any questions you may have. You can also visit us on the web at www.1800wefight.com. I await your response. I urge you to contact a few lawyers before you make your decision. I trust once you have spoken to us the choice will be clear. We have convenient locations in all five boroughs.

Read more
Answered on 8/05/08, 11:09 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in New York