Herbert O?Rourke, a 67 year-old man went to his doctor complaining of shortness of breath and chest pain. The doctor never bothered to conduct a physical exam and delayed a stress test by 16 days. Instead, he wrote a prescription for a powerful and contraindicated drug. The patient never made it to the stress test as he died a week later. The doctor compounded his malfeasance by filing false information on the death certificate and opting not to order an autopsy, which would have revealed his malpractice.
Huntington, NY (PRWEB) January 26, 3006 -? A Huntington, New York woman, Mrs. Norma O?Rourke, has filed suit against Dr. Hachiro Nakamura and the North Shore Medical Group alleging that their medical malpractice and negligence caused the wrongful death of her husband, Herbert O?Rourke. The suit entered in Suffolk County, New York (index number 25018/05) also alleges that Dr. Nakamura covered up his malfeasance by actions that included filing false information on the death certificate. In doing so, he inflicted grave emotional distress on Mrs. O?Rourke.
The lawsuit contends that on November, 7, 2003, Herbert O?Rourke, a 67 year-old man and longtime patient of Dr. Nakamura?s, went to see the doctor complaining of chest pain and shortness of breath. While an otherwise healthy man ? Mr. O?Rourke had not missed a day of work in nearly a decade ? he did suffer from diabetes and he was overweight. These facts were known to Dr. Nakamura, who was Mr. O'Rourke's personal physician. Despite these known factors and Mr. O?Rourke?s presenting condition, Dr. Nakamura failed to conduct a physical examination of his patient. He failed to take any immediate action that would have addressed his patient's condition and saved his life. Instead, Dr. Nakamura ordered a stress test, but told Mr. O'Rourke to wait 16 days for that test. Then Dr. Nakamura violated the guidelines of basic medicine by prescribing medication without bothering to conduct a physical exam. To make matters worse, he prescribed Nitrostat, which the literature warns against prescribing for a diabetic.
Mr. O?Rourke never made it to his stress test as he died seven days later on November 14, 2003. The lawsuit holds that Dr. Nakamura?s actions were a clear departure from good and accepted medical practice and that his failure to act led to Mr. O'Rourke's death. Mrs. O?Rourke?s attorney, Carol L. Schlitt, said, ?Mr. O?Rourke did the right thing, but his doctor failed him. The most basic medical care would have saved Mr. O?Rourke?s life.?
The lawsuit claims that Dr. Nakamura worsened the matter by intentionally withholding information from Mr. O?Rourke?s widow and deceiving her about his failure to properly treat his patient. When asked if there was a need for an autopsy ? a procedure that could have revealed the extent of the doctor?s failure to act ? Dr. Nakamura decided not to order an autopsy. Dr. Nakamura initially denied that he prescribed the Nitrostat and denied that he saw Mr. O?Rourke on November 7th. The suit alleges that Dr. Nakamura went so far as to make similar false statements on the official death certificate filed with the Town of Huntington, New York. These actions intentionally inflicted emotional harm on Norma O?Rourke.
Attorney Carol L. Schlitt stated, ?My client and her husband relied on Dr. Nakamura, they trusted this man. He repaid them with a failure to follow standard medical procedures that resulted in the death of Mr. O?Rourke. The doctor then engaged in a pattern of deception to cover up his failure.? The lawsuit seeks to make public Dr. Nakamura?s actions, to have him apologize to Mrs. O?Rourke and to pay financial damages for wrongful death, the pain and suffering endured by Mr. O?Rourke and emotional distress caused to Mrs. O?Rourke.
Questions about this case and requests for interviews with the plaintiff should be directed to the Law Offices of Carol L. Schlitt.
About the Law Office of Carol L. Schlitt
The Law Office of Carol L. Schlitt specializes in personal injury law and accepts cases throughout New York City (Bronx, Manhattan, Brooklyn and Queens) and Long Island (Nassau and Suffolk). Recognized as one of the premier trial attorneys in the New York metropolitan area, Ms. Schlitt has achieved one of the top 10 verdicts in New York City and is a past winner of the New York City Municipal Attorney of the Year Award.