If You Were Injured By Residents In A Hospital, This May Interest You

The Appellate Division of the Superior Court recently reviewed a jury verdict against a surgical resident and an oral and maxillofacial surgical resident. They provided emergency services to plaintiff's decedent when he was brought to a hospital following an automobile accident.

Plaintiff's expert testified that the residents failed to properly drain the gastric contents of decedent's stomach, causing him to choke to death on his own vomit.

The jury returned a verdict against the residents and they appealed.

Defendants argued that they were only residents in training, obliged to practice under the supervision of an attending physician. They argued that the trial judge should not have instructed the jury to measure their conduct against that of a general practitioner who was already licensed. The proper standard, they argued, should be one particular to a resident at that particular point in his or her training.

YOU BE THE JUDGE: Are residents in training held to the same standards of care as licensed, more experienced doctors?

The appellate court disagreed with defendants. It noted that there was no support in precedent for a standard peculiar to residents.

But, more important, defendants called themselves doctors, and held themselves out to the public as being able to diagnose, treat, operate and prescribe for disease, pain or injury. Having claimed to have the expertise of doctors, they should be held to that standard.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.

About The Author:

Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.