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2021 Montgomery County Malpractice Verdict

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Date12 Jul 2022
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Comment0
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Case Overview

In August of 2021, a Montgomery County medical malpractice jury revealed their verdict as ruling in favor of the plaintiffs. This case involved the death of the mother of the plaintiffs, Yvonne Napoleon, following the removal of a feeding tube under the care of Oakview SNF, LLC in Maryland. The practitioner allegedly neglected to follow direct orders to apply a protective binder that would keep the feeding tube secured and from being removed.

The victim was 76 and was living with advanced dementia. The primary argument of the plaintiff was based on the negligence of the nursing home. As a result of the nursing home’s negligence, the victim vomited and aspirated her stomach contents into her lungs and successively suffered a hole in her stomach that resulted in inflammation of the lining of your belly or abdomen, referred to medically as peritonitis.

Contrary to the claims on behalf of the plaintiffs, the nursing home refused to accept responsibility for their negligent behaviors, stating that vomiting and successive aspiration was a consequence of dementia. Additionally the nursing home refuted claims that the resulting hole in the victim’s stomach were completely unassociated with her condition and subsequent death. Following the proceeding the jury arrived at a verdict which awarded $800,000 to the estate of Yvonne Napoleon as well as to her sons, the plaintiffs, for their pain and suffering and subsequent medical bills incurred as a result of the situation.

The Role of a Medical Malpractice Lawyer

Although this scenario occurred in a nursing home care setting, similar incidents can easily happen to those receiving care in a hospital setting. Those who have experienced similar tragedies may choose to solicit the assistance of experienced Hospital accident lawyers Montgomery County, MD residents trust. 

Experienced lawyers at Cohen & Cohen specialize in cases that involve hospital accident related cases that are a result of negligence on the behalf of the care provider, such as this. Tragically, when doctors make medical mistakes during the process of delivery, the consequences are particularly devastating for victims and their families.

In order to prove entitlement to compensation, victims and their legal team must be able to present four aspects that prove the health care professionals acted negligently. First, it must be proved that the provider accepted you as a patient and that they were legally responsible to provide you with care services. Second, it must be proved that the care provider failed to meet standards of care that are medically acceptable. Third, it must be proved that the damages that were sustained are a direct result of the providers failure to meet medically acceptable standards of care. Finally, the plaintiff and their lawyers must prove that you experienced damage and the damage you experienced was the direct result of the failure to provide you with adequate service.

Victims of medical malpractice may face a long and costly road to recovery. The role of lawyers that specialize in medical malpractice related case work is to help victims pursue and obtain compensation for the damages they sustain as a result of negligent medical care that resulted in injury, death, or pain and suffering.

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