Doctor’s malpratice leads to patient’s death and a 2 million dollar jury verdict

Olmedo Rosas, as Administrator of the Estate of Roberto Rosas v. Phillip Edwin Stieg, MD, Obiora Olisaeloka Anyoku, M.D., St. John’s Episcopal Hospital-South Shore and New York Presbyterian Hospital New York Hospital Division, No. 32185/09

This case dates back to 2005 and was heard in Queens Supreme Court. Mr. Rosas went to St. John’s Episcopal Hospital, in Far Rockaway, Queens, complaining of a severe headache. It was determined that he was suffering from a cerebral hemorrhage. An internist was assigned to treat Mr. Rosas. Several hours later, Mr. Rosas’ condition was found to have deteriorated and he experienced cardiopulmonary arrest. He was resuscitated, but a second arrest occurred and the Mr. Rosas expired.

The estate argued that Mr. Rosas’ hemorrhage required a neurologist’s intervention and that he should have been transferred to a facility that could have provided such treatment. The estate had experts testify that the attending physician failed to accurately and completely document Mr. Rosas’ care, failed to timely intubate, failed to properly monitor the respirations of Mr. Rosas and failed to timely administer three drugs that could have stabilized Mr. Rosas.

Defense counsel contended that Mr. Rosas’ death was an unpreventable result of a second cerebral hemorrhage and that the attending physician timely ordered Mr. Rosas’ transfer to New York-Presbyterian Hospital, but the hospital did not dispatch an ambulance. There was no documentation of the calls and the defense’s emergency-medicine expert testified that accepted medical standards did not require such documentation.

Mr. Rosas’ estate sought $2.6 million for the wrongful-death and pain and suffering of Mr. Rosas. The jury found that the attending doctor departed from an accepted standard of care which caused Mr. Rosas’ death. The jury awarded the estate $2 million.

If you are in a similar situation and need legal assistance, do not hesitate to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620.