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Wrongful Death Alleged in Urinary Tract Infection Case

medical malpractice lawA wrongful death suit has been filed against a New Hampshire hospital, claiming that a woman died after antibiotics were not prescribed for a severe urinary tract infection.

Fever worsened to septic shock

The woman, 67-year-old Jacklyn Chamberlin of New Hampshire, went to the emergency department at Exeter Hospital on October 24, 2016, complaining of fever and related symptoms. She received an ultrasound that indicated an ureteral obstructing stone. Bacteria was also found in her urinalysis.

Despite this, however, the urologist who treated her did not recommend or prescribe antibiotics. The suit claims that a good standard of care would have included a regimen of antibiotics. He diagnosed a renal stone. Mrs. Chamberlin was given medication only for pain and discharged.

Two days later, Mrs. Chamberlin visited the emergency department again, with septic shock. She was admitted to an operating room. The intensive care unit treated her aggressively. However, she died the next day.

Her husband is the plaintiff in a wrongful death suit, which alleges that antibiotic treatment would have prevented her infection from progressing and thus prevented the septic shock. Her infection would not have become fatal.

Doctor negligence alleged

The plaintiff’s suit was filed against Dr. Craig Maclean of U.S. Acute Care Solutions and Dr. Steven Kahan of Core Physicians LLC. It claims that the physicians and these companies are “vicariously liable” for “the negligent, careless and unlawful acts and failure to act in breach of the standard of care.”

Damages are sought to compensate her family for injuries and losses related to Mrs. Chamberlin’s death.

Wrongful death in New York State

Wrongful death is usually alleged when a person could have brought suit for damages or negligent conduct had he or she lived. In New York state specifically, wrongful death requires a death that stems from the defendant’s wrongful conduct. The conduct or ensuing course of action would have qualified for legal action in court were the person alive.

State law also requires that one or more people be alive who were caused a loss by the death, and that damages be recoverable from an entity against whom suit can be brought.

The statute of limitations for a wrongful death claim in New York is two years from the date of death.

If you or a loved one has suffered medical harm

If you or a loved one in Long Island or New York City believe they have suffered unnecessary harm because of misdiagnosis or other hospital malpractice, contact us to discuss possible legal options. New York state law contains provisions for damages to cover medical care, lost wages and benefits, support and services, and additional damages in case of wrongful death.

Edelman, Krasin & Jaye are leading medical malpractice lawyers on Long Island. We will fight for those harmed at the hands of negligent healthcare professionals.

We pursue all forms of medical malpractice including:

  • Doctor negligence
  • Hospital negligence
  • Surgical errors
  • Misdiagnosis
  • Pharmacy errors

Call Edelman, Krasin & Jaye today for a confidential consultation at no charge to you.