A motion was entered by attorneys for the defendant. That motion said that the expert witness brought forth by the plaintiff could not prove beyond a reasonable doubt what caused the named patient’s death. The judge agreed with the motion and tossed the case.
Original case filings report that a woman was admitted to the center in July 2014. She had undergone a bowel surgery and was sent to the center for recovery. Staff at the center did not monitor the woman’s bowel movements appropriately, causing her to be taken to a hospital for emergency surgery after which she passed away.
The woman’s daughter filed the lawsuit, claiming that her mother was a victim of neglect and abuse. Despite the daughter’s claims, lawyers representing her could not prove the direct cause for the twisting of her mother’s colon. While attorneys were able to show that various conditions were associated and could have contributed to the woman’s death, they failed to provide any evidence or testimony that was conclusive.
When a person is sent to a recovery center, they have an expectation that they will be cared for properly and assisted on their way back to a relatively normal life. When they are not provided the accepted standard of care, they may not heal appropriately. If this has happened to you or a loved one in New York, call our experienced team of medical malpractice attorneys for assistance. Your first consultation will be held at no cost to you.