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The operating rooms reopened in July, but three had to be closed again in November 2019 due to the discovery of two new Aspergillus infections – a hospital negligence discovery that her parents only found out about three days after Elizabeth had surgery her most recent surgeries in one of those operating rooms this year. The Aspergillus infection took root in her heart during that surgery, and she was unable to fight it off and sadly died as a result.

Five other children have been left sick from the mold, and the hospital is currently in the throes of a class-action medical malpractice lawsuit.

Legal Matters

Though other types of medical malpractice are more common that hospital negligence, hospitals still have a responsibility to provide the best quality and standards of care to staff and patients.

As Elizabeth's case show, negligence and medical malpractice can often come out of nowhere, and you'll need to contact a medical malpractice lawyer in the unfortunate event that this happens to you or a family member. This medical malpractice lawyer will be able to guide you through the medical malpractice lawsuit process and assist you in deciding whether you have a valid claim or not.

Generally, you will need to follow these steps when filing a medical malpractice lawsuit for hospital negligence, and ensure that you follow their procedure:

  • Be certain to adhere to the statute of limitations
  • Discuss the case in-depth with your medical malpractice lawyer
  • Determine with your medical malpractice lawyer whether the hospital itself was negligent or if it was an independent contractor that was responsible
  • Get all of your medical records
  • Determine your damages with your medical malpractice lawyer
  • Ensure that you comply with the medical malpractice guidelines and procedures of your state and the guidelines of your medical malpractice lawyer
  • Draft and file your complaint

If you live in NYC, you should contact an NYC medical malpractice attorney who understands the medical malpractice laws and the statute of limitations specific to the state to represent you and assist with your case.


If you have read this article and think that you might have been a victim of hospital negligence, there is help for you. To get a better understanding of whether medical malpractice did occur, you can speak to the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC. 

Call (800) 660-2264 to contact our medical malpractice attorneys today for a confidential and free consultation.


122 E. 42nd Street Suite 3800
New York, NY 10168

Tel: (800) 660-2264



8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only



220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only