The Brooklyn mother is suing for medical malpractice for the loss of her legs one year ago. Her lawyer, Sanford Rubenstein, has stated that the hospital caused the problem after “they punctured her intestine, causing an infection and blood poisoning, and gangrene set in . . . resulting in below-the-knee amputations in both legs.”
If they punctured the intestine, it is unclear what the defense is likely to be at trial beyond a claim of waiver for such “complications.” It is the type of case that jurors react to harshly for defendants. For that reason, it is interesting to see the hospital (and its insurance carrier) not settle the matter as quickly as possible. This is one of the examples of why hospitals often complain about how insurers handle such claims. The law firms are often retained by the insurance company and may be less sensitive to the impact of such bad publicity on the hospital.
Source: NBCNew York
Jonathan Turley