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The Case of The Missing Patients: Holding the Right Parties Liable

medical malpracticeHospitals and other medical facilities may be sued for many different reasons, most often are based upon medical or surgical errors.  Medical errors happen all too often in the United States, resulting in more than 400,000 deaths each year.

Despite what many think, medical negligence is not limited to surgical errors or misdiagnosis. Medical malpractice also involves the negligent care of patients, including discharging unstable patients who may harm themselves or others.

The Case of a Missing Patient Who Is Found In Another Hospital

The term “negligence” refers to someone doing something improper or failing to do something he or she was supposed to do. A hospital, through its medical staff, can be negligent, too.  An unfortunate example is the case of Maria Dearmas, a 58-year-old frequent visitor to the Metropolitan Hospital Center for a range of ailments, including dementia and schizophrenia.

After being admitted, Ms. Dearmas, who ordinarily cannot go around the corner by herself, was prematurely and improperly discharged alone.  She never made it home and her family did not know of her whereabouts for three days. After many futile phone calls to the hospitals, Ms. Dearmas’s daughter received a phone call that her mother was found in another hospital in the surgical intensive care unit.

After getting discharged, Ms. Dearmas had wondered not too far from the Metropolitan’s emergency room and collapsed. Approximately 20 minutes after her release, there was a 911 call reporting Ms. Dearmas was found in an altered mental state, still wearing an identification wristband from Metropolitan. For the second time that day, she was taken by ambulance – this time to New York Presbyterian/Weill Cornell Medical Center, where she was diagnosed with a perforation of her digestive tract and required emergency surgical care.

Had the hospital not negligently released Ms. Dearmas, she would not have ended up in surgical I.C.U. minutes later.

A Similar Battle Already Fought

The case of Ms. Dearmas is not far too reached for the legal team at Gersowitz Libo & Korek, P.C.  They fought a similar battle in 2009, in which a long-term care facility failed to properly care for a patient with dementia by allowing him to wander off the premises without supervision.  The case was in trial for three weeks, but both sides settled before the case went to the jury. The amount of the settlement was confidential, but the trial attorneys, Jeff Korek and Michael Fruhling, had already attained the most important victory – changing internal policies of the defendant long-term care facility in order to protect the lives of other patients.

The facts of these two cases are similar in that the negligent care of the medical facilities resulted in the injury and in one case the death of two innocent patients. Although attorneys, such as those at Gersowitz Libo & Korek, P.C., cannot undo the harm done, they can obtain justice – not only for the victims and their families, but also for other patients at the facilities.

Legal Protection For Medical Malpractice

At Gersowitz Libo & Korek, P.C., our attorneys understand the ramifications of medical negligence on the patient and their family members. We are aggressive in getting our clients the full extent of monetary compensation they are entitled to for the injuries they have suffered.

Call Us

If you or a loved one has been injured due to the negligent actions of a healthcare professional and would like to consult with an experienced New York medical malpractice attorney, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.


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A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
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I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
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