Syracuse Medical Malpractice and Personal Injury Lawyer Blog
In New York, medical malpractice cases differ from other civil claims in multiple ways. For example, there are numerous additional pleading and evidentiary requirements imposed on plaintiffs that they must meet in order to pursue damages. If plaintiffs fail to abide by the statutory obligations, it may adversely affect their claims. For example, in a recent New York nursing malpractice case, the court discussed the implications of the failure to include a certificate of merit with an initial pleading. If you suffered harm due to the negligence of a nurse, it is prudent to consult a Syracuse nursing malpractice lawyer to discuss what evidence you must produce to recover damages.
The Plaintiff’s Claims
It is reported that the plaintiff’s decedent presented to the county courthouse in response to a warrant. As part of a routine screening, the decedent reported that he had consumed numerous illicit and prescription drugs prior to arriving at the courthouse, and during his hearing, a drug treatment coordinator advised she was concerned for his safety and he needed immediate medical care. Regardless, the judge ordered him to confinement in the county jail.
Allegedly, the defendant nurses were both working at the county jail that day and observed the decedent, who was having difficulty standing, speaking, and walking. At one point, the plaintiff spoke with one of the nurses and stated she was concerned the decedent would die if he did not receive prompt care, and the defendant nurse stated the decedent was fine. The decedent passed away to form an accidental drug overdose, and the plaintiff filed numerous claims, including medical malpractice claims against the defendants. The defendants moved to dismiss the plaintiff’s claims, arguing she failed to comply with the required procedure. Continue Reading ›
