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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP - New York Medical Malpractice Lawyers
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New York City Medical Malpractice Law Blog

Hospital Negligence Led to Esmin Green’s Death

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Friday, May 31, 2019.

In 2008, a woman named Esmin Green died in the waiting room of Brooklyn’s King's County Hospital Center in full view whilst hospital personnel did nothing to assist her. Ms. Green was a 49-year-old Jamaican immigrant who was admitted to the hospital as a psychiatric patient. She had been waiting for nearly 24 hours in the hospital’s waiting room before collapsing onto the waiting room floor due to a blood clot.

Hospital staff failed to provide basic medical care to Ms. Green and then tried to cover up their neglect. However, the incident was caught on one of the hospital’s cameras. The New York Civil Liberties Union and other lawyers were able to use this footage in a medical malpractice lawsuit against the hospital for hospital negligence.

Exactly one year after her death, the city’s Department of Investigation’s released their review, indicating that Ms. Green died due to “systematic failure.” Additionally, the Federal Justice Department found that psychiatric patients in the hospital were not treated for suicidal behavior, were routinely subdued with drugs and physical restraints, and were sometimes even abused by other patients and staff.

In a shocking case of hospital negligence, the city's review found that there was a breakdown in care over four medical shifts which led to Ms. Green’s death. The following assessments were supposed to be conducted, but never were:

  • A full medical examination
  • Blood work
  • An electrocardiogram

Had these tests been done, her blood clot would have been noted and she would have been treated in time.

Added to this hospital negligence, is the fact that:

  • The senior nurse on-call at the time (and seen in the camera footage) made three false entries in Ms. Green’s medical records, stating that she was “in normal physical condition” 45 minutes before she was found on the floor. Those entries were found to be false upon review.
  • A nursing aide also made a false entry, saying that he saw Ms. Green “sleeping on the floor” whilst he was on his break, however, by this time, she was already dead.

Esmin Green’s death prompted a series of reforms within the hospital and the city settled the family’s lawsuit by giving them $2 million.

Legal Matters

As with the case of Esmin Green, it is crucial for you and/or your family to consult with a qualified medical malpractice attorney when seeking justice in a case of hospital negligence. There are many steps and rules that regulate medical malpractice law, and these differ between states. You will need a medical malpractice lawyer who knows these rules specifically for NYC.

For a successful medical malpractice lawsuit for hospital negligence, you will need to prove that the level of care provided to you and/or a family member was below the reasonable standard which caused your injury. Improper conduct on the part of the offending hospital’s administration and/or employees must result in physical injury to you or a family member for your medical malpractice claim to be valid for you to receive compensation.


If you believe that you a family member may have experienced hospital negligence, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.

When you are ready to talk, we are ready to listen. Call 1-866-516-5887 for a free, confidential consultation.



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$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.




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