Directed Verdict for Partner Deborah A. Aviles in Medical Malpractice Action

Partner Deborah A. Aviles obtained a directed verdict on behalf of Good Samaritan Hospital in a Medical Malpractice action in Suffolk County Supreme Court.  Plaintiff commenced the 

Action for wrongful death on behalf of her then 49 year old husband, who expired two days following elective ambulatory surgery for umbilical and bilateral inguinal hernia repair.  Plaintiff also alleged the hospital failure to appreciate  her husbands history of sleep apnea and respiratory conditions which warranted overnight monitoring, and finally the plaintiff’s decedent should have been discharged with incentive spirometer which would have prevented pneumonia , which is the cause of death plaintiff alleged. 

It was hospitals position that plaintiff was stable throughout his time in the PACU without any respiratory difficulties, and he met all criterion of the Ambulatory Surgical Unit for discharge, and hence no reason for admission for observation or monitoring. Additionally, follow up by Good Samaritan Hospital post discharge revealed the plaintiffs decedent was doing well and without complaint of any nature. 

The Court granted Ms. Aviles’ motion for directed verdict as a matter of law for plaintiff’s failure to make out a prima facie case.

       
 

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