Latest News 2011 June Complications Lead to Paralysis and Med Malpractice Suit

Complications Lead to Paralysis and Med Malpractice Suit

A Meiers Corners resident, R.M., won a $5.4 million verdict against Staten Island University Hospital due to complications from bedsores he suffered from five years ago, that have left him confined to a wheelchair, as reported by SI Live for the Staten Island Advance.

R.M., 63, a Vietnam veteran, had previously enjoyed a life that included sailing, traveling and designing kitchens. 

His ordeal began five years ago when R.M., after a stay in the Staten Island University Hospital, (SIUH), suffered with severe bedsores.  Complications, and an incapacitating hip infection, led to his paralysis.

R.M. said of the verdict, "I'm happy but I'd give every dime back to walk.  I can't drive. You don't have any freedom."

R.M. was given the multi-million award from a jury in St. George's state Supreme Court on June 10.  The panel found SIUH 75 percent liable for medical malpractice, which makes the hospital responsible to pay over $4 million of the award.   Golden Gate Rehabilitation and Health Care Center was found 25 percent liable.

R.M. had also received care at the Golden Gate Rehabilitation and Health Care Center, and though found to be partially liable, they were not named in the suit, so they do not share in the responsibility of paying R.M.

Mitchel H. Ashley, R.M.'s attorney, said, "I think he's been through an enormous amount of pain and suffering and I'm glad he got the justice he deserves."

Arleen Ryback, a spokeswoman for SIUH, said that the hospital will be appealing the verdict.  Ryback commented, "We feel strongly that the evidence did not substantiate the verdict."

Ashley stated that on August 31, 2006, R.M., then 58, was taken by ambulance to SIUH when his wife noticed him attempting to leave for work shirtless and without his car keys.

He had no marks on his skin upon entering the hospital, per Ashley, and once there he was intubated and sedated.  Doctors diagnosed him with the brain dysfunction, "encephalopathy", on top of other health problems such as obesity, diabetes, hypertension, gallstones and high cholesterol.

Severe bedsores on his lower spine were noted by September 2006.  Court records show that they worsened until he also had ulcers on his mouth, buttock, genitals and ankles.   All of the sores were treated with topical creams.   Surgery was preformed to remove any dead or infected tissue.

By October 2006 R.M. was on a ventilator.  He was transferred to Golden Gate when most of the bedsores were healed - all except those on his spine and ankle.

In 2007 R.M. was transferred many times, back and forth, between the hospital and nursing home.  He suffered a respiratory failure.   His kidneys also failed after his muscle fibers started to breakdown.

During one trip to SIUH, R.M. suffered from an "exploded" spinal ulcer that led to a diagnosis of osteomyelitis - which can be described as either an acute, or chronic, bond infection - in his right hip.

Ashley stated that R.M.'s hip is dislocated, but due to the infection, he cannot have a hip replacement and remains confined to a wheelchair.

If you have been hurt after a stay in a hospital, contact a medical malpractice attorney to file a lawsuit.  You may gain monetary compensation to help you defray medical costs and, make your life more comfortable.

Categories: Medical Malpractice