Medical Malpractice Settlement for Wrongful Death in a Nursing Home

Carol Lynn Schlitt

Practice Area:Medical Malpractice

Outcome:Settled for $625,000

Description:A 60 year-old retired homemaker entered the hospital for a hernia repair and small bowel resection due to abdominal pain. She suffered a stroke during the surgery and her condition required the insertion of a tracheotomy tube in her throat to make breathing possible. She was then transferred to a nursing home in Queens. The nursing home departed from reasonable and customary care by failing to insert properly a tracheotomy tube in the patient and by failing to monitor her condition. Those departures led to the patient’s death, a fact documented by the autopsy prepared by the New York City Medical Examiner, which found that dislodgement of the tracheotomy tube as the primary cause of death.