Failure to Timely Diagnose Infection Leads to NYU Child’s Death

nytimes-logo-abend-silberMedical malpractice can happen even at the best hospitals.  The New York Times reports that 12 year old Rory Staunton’s death at NYU Medical Center was caused by the failure to timely diagnose an infection.  The article suggests that despite obvious signs of infection the medical doctors completely failed to make the diagnosis and discharged Rory home.  Unfortunately, by the time the infection was finally diagnosed it was too late for Rory and his family.  What is particularly troubling is that abnormal results from a routine blood test, suggesting an infection, were not properly communicated to Rory’s doctors or his family.  NYU is considered by many to be a world class medical institution and this story illustrates how even the best hospitals and the doctors who work there can make mistakes, as is alleged.

Rory’s family has retained an attorney and will likely pursue a medical malpractice lawsuit for the failure to timely diagnose and treat his infection.  Unfortunately, any recovery would be limited, due to the draconian nature of the wrongful death law in the State of New York.  The current law results in disproportionately lower awards for women, children, seniors and minorities.  Richard Abend & Josh Silber have visited with dozens of lawmakers in Albany over the last 5 years in an effort to bring New York’s law up to par with many other states that recognize that losses like these are tragic and those responsible for them must be held accountable.

It is always tragic when you lose a family member, especially a child.  It is particularly vexing when that death was avoidable.  Abend & Silber has a history of representing families that have lost a loved one due to the negligence of others.  In fact, one of our recent cases involving the failure to properly diagnose a treatable medical condition was recently featured as one of the top verdicts and settlements in New York State by the New York Law Journal.

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