Jury Awards $1.7 Million to Family After Negligent Discharge Leads to a Death

A legal battle concluded on behalf of a deceased man’s family after medical malpractice involving South Nassau Communities Hospital. The family was awarded $1,754,000 by the jury. The case focused on the early release and alleged negligent discharge and death of Sadowski after an elective spinal surgery.

Case Details

The patient had an elective anterior cervical discectomy and fusion (ACDF) surgery, at South Nassau Communities Hospital. The hospital decided to discharge him after three hours of observation instead of following the initial order for eight. Despite the nature of the surgery and his medical history, the nurse or the physician assistant decided he met the discharge criteria, and let him leave the medical center. He was discharged with instructions to call the doctor that night for medication instructions, to not drive a vehicle, and to return to the hospital if he had issues swallowing or breathing.

He left the hospital around, and a couple of hours later, he started to experience what was described as severe discomfort. Evidence of these conditions arose with texts to his sister saying he “hurt like hell” and him calling the doctor complaining about a sore throat. In this conversation, he denied difficulties in swallowing or breathing. Although he showed signs of distress and was advised to return if symptoms progressed, he did not make efforts to return to the hospital.

Later that same night, he drove himself to his daughter’s basketball game, where he collapsed while walking to the bathroom. Emergency Medical Services were called and transported him to Nassau University Medical Center (NUMC), where they found severe swelling in his neck. It was assumed these damages were from complications from the surgery. Unfortunately, he died later that night.

Case Allegations and Legal Claims

The family filed a lawsuit against South Nassau Communities Hospital, represented by attorney Clifford S. Argintar of Duffy & Duffy, PLLC. The lawsuit argued that if the hospital had monitored him for the full eight hours, as originally discussed, he would have been identified as being at risk for severe swelling (angioedema). In addition, he would have been able to have immediate and necessary medical attention, likely preventing his death.

Although there is a note of the doctor speaking with the patient on the phone, it was decided that the doctor’s instructions did not specifically instruct him to return to the hospital for immediate care. The plaintiffs posed that this was a key misstep, arguing that the doctor failed to recognize the potential health threats, despite the straightforward complaints of pain.

Jury’s Final Verdict

The trial spanned 12 days and was deliberated for 1 and a half days before reaching the verdict. The jury found that South Nassau Communities Hospital was guilty of negligent procedures. There was an emphasis on negligence through the hospital’s failure to follow long observation orders. The family was awarded $1,745,000 in damages for the loss of their loved one.

In regards to the doctor, the jury did not find his actions to be a substantial causation for the death. Although not charged, the jury ruled that his failure to instruct the patient to return to the hospital for treatment did not follow the standard of care.

Award Breakdown

The jury provided this breakdown of awards to the surviving family members:

• Son, age 30: $100k for loss of parental guidance
• Daughter, age 22: $225k for loss of parental guidance
• Daughter, age 15: $1.02M for loss of parental guidance

Meant to compensate the children for the financial and emotional loss of their father, the jury awarded a total of $1.745M. The sum includes the significant role he played and would have played in their past and future.

Takeaway: Medical Negligence and Patient Safety

This case instills the importance of adhering to and prioritizing post-operative medical protocols. It also raises an important question about how hospitals manage patient discharges.

While no amount of money can act as a replacement for the loss of a family member, the jury’s verdict acts as a reminder for healthcare forces to use caution and follow instructed medical procedures. It also acts as an emphasis for patients and families to be observant and proactive if complications arise after a procedure.

To ensure your or your family’s rights are being protected, it is vital to contact an experienced attorney. At Duffy & Duffy, PPLC, we have helped thousands of clients protect themselves from negligence and medical malpractice. Contact us today to hold healthcare providers accountable and seek the justice that you and your family deserve.