As a firm with decades of experience handling medical malpractice cases, the law firm of Queller, Fisher, Washor, Fuchs & Kool, LLP has represented victims injured due to various types of medical malpractice. Unfortunately, a medical error involving the incorrect administration of medicine is a scenario that arises more frequently than most would believe. These situations do not typically garner headlines such as the recent report wherein a Russian woman was mistakenly injected with formaldehyde instead of saline according to a published news article. Formalin contains formaldehyde which is used to preserve or “embalm” dead bodies.
The woman was apparently undergoing a procedure for the removal of ovarian cysts. During the procedure, she as injected with formalin, which contains formaldehyde, instead of saline because the staff at the hospital failed to read the name on the vial. By the time the mistake was realized, it was too late and the woman died as a result of the poison being introduced into her system. Those responsible for this tragedy have apparently been terminated or otherwise held accountable. In all likelihood, various members of the hospital staff, and the hospital itself, would be liable for medical malpractice and the wrongful death of this woman.
The reported situation is unique in that it is a clear case of medical malpractice and would likely fall under the category of hospital negligence. Medical malpractice involves a breach of the duty of reasonable care by a medical professional or medical facility which results in injury or death to a patient. If this happened in New York, the expert opinion of a doctor would be required prior to the institution of a lawsuit, despite the obvious nature of the medical malpractice to the general public. New York, and many states, require this expert review in order to prevent the filing of frivolous medical malpractice lawsuits.