Articles Posted in Pulmonology Malpractice

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 ›

Doctors owe their patients a duty to provide the care expected of a reasonable practitioner working in the same specialty. They are not, however, typically expected to render treatment that exceeds the scope of their practice area. This was demonstrated in a recent New York opinion, in which the court dismissed the plaintiff’s claims against a doctor specializing in pulmonology. If you sustained damages due to the careless acts of a physician, it is smart to meet with a dedicated Rochester medical malpractice lawyer to assess your rights.

The Plaintiff’s Allegations

It is alleged that the plaintiff visited the emergency room of the defendant hospital with complaints of intermittent high fevers and flu-like symptoms. An infectious disease doctor determined he was suffering from a viral illness of dengue fever but that it was unlikely he was suffering from malaria. He was admitted to intensive care, where he was treated by the defendant pulmonologist. Following a course of antibiotics and steroids, he was discharged. He received flu and pneumonia vaccines prior to discharge.

Reportedly, he visited the emergency department of another hospital a few weeks later with complaints of dizziness, where he was diagnosed with malaria. He was treated and discharged but returned ten days later and was diagnosed with Guillian-Barre syndrome. He then filed a medical malpractice lawsuit against the defendants, alleging they were negligent in failing to diagnose him with malaria and for administering the flu shot. The defendants moved to dismiss the plaintiff’s claims. Continue Reading ›