Fast and accurate treatment is critical for positive health outcomes in the emergency room. Permanent disability or even death can result from an emergency room error. Recently, the family of a deceased woman won their appeal to reinstate a wrongful death lawsuit against a Pennsylvania hospital.
The incident occurred in 2012 when the woman went to the emergency room complaining of diarrhea, vomiting, shortness of breath, headache and back pain. Sadly, the woman was pronounced dead after four hours at the hospital. The lawsuit alleges that the woman died from the doctors' failure to spot the symptoms of sepsis in a timely manner.
The woman's son filed a complaint before the two year statute of limitations had expired. However, an oversight by the private process server resulted in the complaint being returned instead of being forwarded to the proper people. The complaint was initially dismissed based on the ruling that the complainant failed to reinstate the complaint.
The woman's family appealed to the Superior Court, and was granted the ability to move forward with the case, since it was found that the man did in fact reinstate the complaint. The sad fact of the emergency room error has not changed, that one Pennsylvania family is left without someone they love. Thanks to the aid of counsel, the family is, however, able to move forward and seek damages for the tragedy that occurred due to the claimed errors of the physicians. For other families experiencing the same issue, a lawyer can also be a great resource.
Source: pennrecord.com, "Superior Court reinstates wrongful death lawsuit against hospital", Laura Halleman, May 18, 2017