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Medical Malpractice Suit Filed Against Hospital for Incorrectly Declaring Woman Dead

By Leon Aussprung

I recently filed a Medical Malpractice Complaint against Beebe Hospital on behalf of a woman who was declared dead, left on a guerney waiting to be taken to the morgue and then noted by a nurse (almost an hour later) to be breathing. In this case, Judith Johnson initially went to the hospital for severe indigestion and pains in her chest. In fact, she was suffering from a heart attack. During her evaluation in the emergency room, Mrs. Johnson became unresponsive and after attempts to resuscitate her, she was declared dead. Mrs. Johnson's body was then pushed against a wall until someone could take her to the morgue. However, almost an hour later, someone noticed that Mrs. Johnson, who still had a a breathing tube down her throat, was alive.

Although Mrs. Johnson survived the incident, she suffered brain damage that has resulted in memory loss, speech problems, seizures and personality changes. In addition to malpractice claims, Mrs. Johnson has also filed a claim for the Hospital's violation of the Emergency Medical and Active Labor Act ("EMTALA"), alleging that she was not provided the same medical screening examination as other patients with similar medical conditions and/or was not appropriately stabilized.

You can read more about this case at: http://www.delawareonline.com/article/20081007/NEWS01/810070365 or http://www.foxnews.com/printer_friendly_story/0,3566,433830,00.html

Although I am not a Delaware lawyer, this case was filed in Federal Court in Delaware where I am handling it with the assistance of a Delaware attorney. I am licensed to handle cases in Pennsylvania and New Jersey, but I occasionally will become involved in particularly interesting cases in other states if I am able to obtain permission to handle the case from the court in which the case is to be filed.

Full post as published by Philadelphia Medical Malpractice Lawyer Blog on October 19, 2008 (boomark / email).