QUESTION
Gary James Sr. met his untimely death while at the dialysis center last January 24, 2014.
Asked on Aug 24th, 2017 on Medical Malpractice - New York
More details to this question:
On Jan. 24, 2014, I was informed vaguely by my son Gary Jr. that his father died. His father went to the dialysis center alone, early that morning and while his father waited for his for available dialysis machine, he developed shortness of breath and rapid heart rate. He informed the staff that he has to step out to breath some fresh air. While outside he collapsed and died. Why he was sent out instead of administering oxygen and making him comfortable. They know that it was his time for dialysis because he is building fluid his lungs and he needs the dialysis? PLEASE let me know if we could still deliver justice for him at that time that he needed emergency treatment. PLEASE. Thank you very much. Sincerely, Elizabeth James.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
First of all, you wrote that he told the staff he needed to step outside for fresh air. Nobody sent him out. He should've stayed where he was. The hospital staff was under no obligation to restrain him. They did nothing wrong.
Second, it's too late. The statute of limitations for medical malpractice is 2 1/2 years from the time of the malpractice. If you sued on a theory of negligence that's 3 years, but it's still too late. I'm sure you've already heard this from other lawyers. Let it go. It's too late, and the hospital did nothing wrong.
Answered on Aug 27th, 2017 at 4:47 PM