In this reported case, the victim died in 1990 but it took just about 21 years to get to settlement stage. You might be wondering why it took that long and wonder if the date of death of the deceased was accurate. The date is indeed accurate but it should be pointed out that most medical malpractice cases are handled much more promptly for the plaintiff. This case is really an exception and it shows that even when justice is delayed it can still be served.
This medical malpractice case brought by the deceased’s family alleges a delayed necrotic bowel diagnosis caused the death of their mother. The lawsuit was filed by the executor of the estate, the woman’s oldest son. At this point, it appears the hospital in the region she died is attempting to negotiate an out-of-court settlement with the assistance of private mediation. If this is not successful, then the matter is slated for a court hearing in 2013.
The story begins when the 72-year-old woman was admitted to the Lakes Region General Hospital in Laconia, New Hampshire with what ultimately turned out to be a necrotic bowel. The suit contends that a delay by the doctors in diagnosing this fatal condition resulted in the untimely and preventable death of the family’s matriarch. She died November 9, 1990 after the family asked that she be taken off life support. There six defendants named in the lawsuit include four doctors, the hospital and a family practice clinic.
The suit in part suggests that the deceased received substandard care that caused the woman’s death and that the septic bowl should have, without question, been identified and diagnosed far earlier by the four doctors caring for her. The defendants suggest they are not at fault and that treatments were appropriate and met accepted standards.
Obviously this is a contentious case and both sides are entrenched in their points of view. The main thing that needs to be proved in a medical negligence case is that the doctor had a duty to care for a patient, that he breached that duty, and that because he breached that duty, the patient was seriously harmed or died. In other words, there is a direct causal connection between the substandard medical care and an injury or death.
Will this case be successful? It is likely even though it has taken this long to get close to justice in the form of a negotiated, out-of-court settlement or court hearing in 2013. Sometimes, justice delayed is justice denied, but that remains to be seen depending on how the negotiations go. Certainly the facts of this case are compelling.
Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.
