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New York Personal Injury Attorneys

Failure To Check Patient’s Name And Date Of Birth Results In Death And A $550,000.00 Settlement

September 6, 2018 in ,

Medical Malpractice attorney, Elizabeth Montesano, Esq., represented the four adult children of a 54-year-old man who died because of an egregious medical error when two different medical facilities failed to confirm his identity before administering an unnecessary dialysis treatment.

Despite a number of medical conditions, the decedent maintained an independent and active lifestyle and was a significant part of his children’s lives.  As a result of medications, his kidney functions deteriorated and he began hemodialysis treatments.  His hemodialysis was administered three (3) days per week on Monday, Wednesday and Friday.

A blood infection resulted in a hospitalization where at discharge he was transferred to a Rehabilitation Center for physical therapy to restore him to his prior state of health and activity. He was doing very well and scheduled to be discharged home in a few days.  He had his regularly scheduled dialysis treatments that week on Monday, Wednesday and Friday.  However, because the facility never checked his name and date of birth he was transferred for additional dialysis on Saturday morning over protests.  Apparently, the facility had another patient with the same name.  This other patient though was almost 20 years older.

To make matters worse, the dialysis center that received him never checked his identity or date of birth and administered him the dialysis that was intended for another patient.

That afternoon the error was identified after he was transferred back to the Rehabilitation Center.  Despite complaints of pain, feeling ill, weak, cold, short of breath, and exhibiting abnormal vital signs, no medical treatment was rendered to him and he was never transferred to a hospital.  Later that night, his breathing difficulties worsened leading to a cardiac arrest.  Unfortunately, he was not able to recover and died several days later.  A recovery was obtained for this family in the sum of $550,000.00 in the form of a pretrial settlement.

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