When people pass away due to treatable medical issues, their family members will often seek to hold someone accountable. Merely because a decedent treated for the medical concern that ultimately caused their death does not necessarily mean their treatment provided committed medical malpractice, however. This was demonstrated in a recent New York opinion in which the court discharged the plaintiff’s medical malpractice claims against a pulmonologist, finding that he did not owe the decedent any duty. If you were injured or lost a loved one due to the carelessness of a pulmonologist, it is smart to meet with a Rochester pulmonologist malpractice lawyer to discuss your potential claims.
The Decedent’s Care
It is reported that the decedent suffered from asthma that was managed by a pediatrician that treated her since she was a teenager. When she was 42, she underwent bariatric surgery. Prior to the procedure, she was evaluated by the defendant pulmonologist for pulmonary clearance. He ultimately concluded that she had a mild to moderate risk for surgery and prescribe medication to improve her pulmonary function in the pre-operative and post-operative periods. He also forwarded his findings to her bariatric doctor.
Allegedly, the decedent underwent surgery without issue and continued to treat her asthma with the pediatrician. She subsequently passed away at 43 due to an asthma attack. The plaintiff then filed a medical malpractice lawsuit against the defendant, alleging that his failure to inform the pediatrician of the severity of the decedent’s asthma led to her death. The defendant moved for summary judgment, and the court granted his motion. The plaintiff appealed. Continue reading