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Elmhurst Hospital Nursing Negligence Forces Patient to Have Hand Amputated

Jan 17, 2020 | Nursing Negligence

In his own words, Jose recalls losing a significant amount of blood from the puncture wounds, and that doctors became concerned when his arm became worse. It was discovered, upon investigation, that the nurse in charge of inserting the line had acted negligently and punctured his arm in the wrong place. Though doctors did all they could to save his arm, it became apparent that the only way to stop the infection and save Jose’s life was to amputate his arm partially.

Jose filed a medical malpractice lawsuit in 2017 in the hopes of receiving $100 million in damages. He had worked as a parking attendant before having his arm amputated and stated that he was now unable to work in that capacity. Additionally, he had a young daughter that he needed to care for, and he found adjusting to having the use of only one hand incredibly difficult.

He has requested that physical and emotional damages be addressed in the lawsuit, and the case is still pending.

Legal Matters

If you have found yourself a victim of nursing negligence, then the most important thing that you will need to prove when filing a nursing negligence medical malpractice lawsuit is that the nurse in question did, in fact, behave negligently and that you suffered as a result of that negligence.

The best course of action to take is to consult with an NYC medical malpractice lawyer. This is because the law differs between states and it is best to have a qualified and knowledgeable professional to guide you.

Your NYC medical malpractice attorney will explain the elements of a medical malpractice lawsuit specific to nursing negligence and assist you in proving that malpractice occurred by:

  • Highlighting that the nurse had a duty to take care of you within their scope, capacity, and standard of care
  • Explaining how the nurse breached this duty
  • Communicating that you sustained an injury due to the nurse’s failure to adhere to their duty
  • Rationalizing that a causal relationship exists between the nurse’s breach of duty and your resulting injury

In the case of Jose Polanco, his NYC medical malpractice attorney could help prove the abovementioned elements by:

  • Highlighting that the nurse had a duty to take care of Jose and that inserting the line was within their scope, capacity, and standard of care
  • Explaining that the nurse breached this duty by inserting the line incorrectly
  • Communicating that the incorrect line insertion and resulting gangrene of the arm was due to the nurse’s failure to adhere to their duty
  • Rationalizing that a causal relationship exists between the nurse’s breach of duty and Jose’s resulting amputation

This all has to be done within the statute of limitations specific to NYC.

Contact

If you or one of your family members has been a victim of nursing negligence, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling (212) 697-9280 today.