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$________ – Wrongful Death – Medical Malpractice – Nephrology – Intern makes two negligent attempts at inserting dialysis catheter into subclavian vein before succeeding – Failure of intern to advise of mishap, and nephrologist subsequently administers otherwise indicated Heparin – Artery injury – Trauma to artery – Death from hemorrhage – Decedent survived by minor children.

Queens County, NY

This was a medical malpractice wrongful death action involving a female decedent age in her mid 30s who was suffering from end stage renal disease. A decision was made to install a dialysis catheter. The plaintiff contended that the intern negligently traumatized the artery, which is under much greater pressure than the subclavian vein into which the catheter was intended to be placed. The plaintiff contended that such trauma occurred as a result of two initial unsuccessful attempts to place the catheter and the evidence reflected that it was installed into the subclavian vein on the third attempt.

The plaintiff maintained that the hospital negligently failed to provide supervision to the intern, who had not previously attempted to insert such a catheter. The plaintiff also contended that the intern negligently failed to advise the attending nephrologist of the mishap, resulting in the administration of Heparin, which would otherwise be indicated. The identity of the intern was not discovered until shortly before the settlement and the hospital had filed for bankruptcy shortly after the suit was filed in ________. The intern left the hospital after the occurrence and the plaintiff took her deposition as a non-party witness.

The decedent was survived by 2 minor children. The bankruptcy court permitted the plaintiff to proceed only on the condition that it would accept available coverage. The coverage provided for a total of $________ for all claims in a calendar year. The decedent was not working and was the single mother of two children, age 17 and 18 at the time of the settlement. The case settled prior to trial for $________.

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