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Outdated Wrongful Death Laws Fail New York Family In Specific Case Of Medical Malpractice Lawsuit

Esmin Elizabeth Green died last summer at Kings County Hospital. Video footage showed that Green had been waiting in the waiting room for more than 24 hours with no one assisting her. No doctor or hospital staff stopped to pay her attention. The video goes on to show that early the next day, Green fell out of her chair and lay prone on the ground. She stayed in that position for an hour, with people just passing her by. At one point, a staff member moved her with their foot. By the time she was helped, Green had stopped breathing. Doctors finally tried to resuscitate her, but it was too late. She had passed away.

The treatment of 49-year-old Green shows blatant medical negligence and malpractice. Her family recovered $2 million for lost income. However, that sum does not include any emotional or mental suffering. The mother leaves behind a family, including six children.

Kings County Hospital is city run organization, which means the family could not claim punitive damages because it is a municipality. The hospital is protected under the state’s immunity umbrella. The $2 million the family received only represents the lost income potential of Green.

At The Perecman Firm, we understand how painful it is to lose someone close to you. The pain significantly increases when the incident could have been avoided. Esmin Green’s story shows the gross negligence of some hospitals. They should be held accountable for their inaction. If you lost someone you loved do to negligence or were injured because of a doctor’s inaction, contact our New York medical malpractice attorneys. We will fight on our client’s behalf to make sure they receive the compensation they deserve.


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