A statute of limitations applies in medical malpractice cases in every state. This is, in part, to prevent retaliation on the part of a dissatisfied patient. In most cases, the statute of limitations stands. In a recent Connecticut case, a jury sided with the family, determining that their attorney did not file a lawsuit in time through no fault of the family.
According to reports, a Connecticut jury ruled that a family could have won a malpractice lawsuit in the death of a child. The original complainant, Tina Gonzalez, took her son to a walk-in clinic for care. The child ultimately died at Bristol Hospital due to complications from a perforated appendix.
The family hired an attorney, David E. Marmelstein, to represent them in a medical malpractice lawsuit despite him not having much experience in this type of law. Marmelstein failed to investigate the death properly and did not file a medical negligence claim within the time frame dictated by Connecticut law.
At the end of the case, the jury determined that if Marmelstein would have followed correct procedures, the family would have won a medical malpractice case. The attorney for the family in this case said that they would have been better served by a different attorney in the original instance.
Marmelstein died of a heart attack in 2013. The family sued his estate in this matter. The details of the settlement remain private at the request of all parties involved.
If you believe that you have been harmed by a doctor in New York, you may have the basis for a successful medical malpractice claim. Contact our office and schedule an appointment for a free case evaluation. We will advise you of the options available to you under current state law.