Izzo Law Office
Google Plus Facebook
Local 315-421-1000 Free Consultations
Toll Free 315-421-1000 Contingency Fees

Medical malpractice suit after mother allegedly froze to death

New York residents may be interested in a shocking case of the husband and eight children of a woman in another state who learned that she may have been frozen while she was still alive. The family has filed a medical malpractice lawsuit against the hospital allegedly responsible. The 80-year-old woman died in 2010 after suffering a heart attack at home. She was transported to a hospital where medical staff said that their reviving efforts were in vain, and she was pronounced dead.

Members of her family reported that they viewed her corpse and noticed no injuries on her face. The body was then placed in a deep freezer at the hospital, and it was then transferred to the funeral home in preparation for the burial. However, the mortician reported that the body was found face-down and had evidence of severe damage to the face. The family initially filed a claim against the hospital in 2011, accusing it of mutilating their loved one's face after she died.

During the hearing, hospital staff testified that the mutilation must have occurred before the woman died, and after an autopsy, the pathologist declared that there was no evidence that the injuries occurred after death. He stated that the woman must have been declared dead prematurely and consequently attempted to free herself from the freezer, causing the injuries. The family withdrew the original case and filed a lawsuit of medical malpractice. The lower court rejected the case, finding that it had been over a year and therefore exceeded the statute of limitations. The Court of Appeal has recently overturned that ruling, stating that it was impossible for the family members to anticipate the outcome of the autopsy result until Dec. 2011.

New York families who have been the victims of wrongdoing by members of the medical profession may want to obtain detailed information pertaining to related state laws. They may retain the right to file a medical malpractice lawsuit in a court of law. This area of law is particularly complex, and if misconduct or medical malpractice by the provider can be proved, they may be entitled to a monetary award as compensation to cover end-of-life expenses and possibly ease the heartbreak caused by the incident.

Source: Los Angeles Times, "Suit alleging L.A. hospital froze woman alive can proceed, court says", Victoria Kim, April 2, 2014

No Comments

Leave a comment
Comment Information