Hersh & Hersh Files Wrongful Death Suit, Charges Sonora Community Hospital Rendered Careless Diagnosis and Treatment, Leading to Patient's Death.

Business Editors/Legal Writers/Health/Medical Writers

SAN FRANCISCO--(BUSINESS WIRE)--Sept. 15, 2003

Plaintiff rights law firm Hersh & Hersh (www.hershlaw.com) today filed a wrongful death suit against Sonora Community Hospital and its two urgent care physicians claiming that prolonged and careless treatment of 25-year-old Rachel King led to her death on February 20, 2003. The complaint filed on behalf of Ms. King's surviving husband James at Tuolumne County Superior Court underscores the growing concern of medical negligence and overcrowded, understaffed emergency care services that are jeopardizing patient care across the nation.

Complaint Charges Incomplete Diagnoses Resulted in Patient's Death

According to the complaint, two days prior to Rachel's death James King brought his wife to Sonora Community Hospital's Indian Rock Prompt Care facility after she suffered a four-day period of increasing head pain accompanied by nausea and vomiting. Since the patient load was filled to capacity at Indian Rock and an alternate urgent care clinic, Rachel was forced to wait more than two hours to be examined, despite James' appeal to the receptionist to give his wife priority treatment for her severe pain.

Rachel had to be escorted to the bathroom several times while in the waiting room for her persistent nausea and vomiting. Finally she was called to the examination room where she described the pain affecting her neck and head, as well as her medical history to the nurse and two attending physicians, Dr. George Raskin and Dr. Penny Albin. Rachel confirmed that neither she, nor members of her family had ever suffered migraine headaches.

Dr. Albin, the primary physician assigned to Rachel's case, gave her a physical exam, then authorized an injection of Demerol to reduce the pain and asked for a urine sample to test for pregnancy. The Demerol did not lessen her severe head pain and the pregnancy test results were negative. Dr. Albin subsequently discussed administering a CT brain scan with the Kings, but instead sent Rachel and James home with a prescription for painkillers. Dr. Albin advised James to take Rachel to the emergency room at Sonora Community Hospital the following morning if her head pain continued.

At approximately 3:00 a.m. on February 19, 2003 Rachel became unconscious and was rushed to Sonora Community Hospital. After receiving a CT Scan, which revealed that she had a large intracerebral bleed with acute hydrocephalus, and an uncal herniation, she was immediately taken by ambulance to Doctor's Medical Center in Modesto, CA. Upon her arrival Rachel showed minimal signs of cerebral function and a ventriculostomy was performed for drainage. But Rachel was not a surgical candidate because of the nature and character of the bleed and her condition. Rachel King was pronounced dead at 2:00 p.m. on Thursday, February 20, 2003, due to acute hydrocephalus.

Medical Negligence is Silent Killer 

In the Harvard Medical Practice Study, one of the most comprehensive ever performed on malpractice, an average of 150,000 deaths and 234,000 injuries at American hospitals are attributed to doctors' negligence every year. Based on results of similar studies, Public Citizen, the consumer advocacy group, claims estimates of up to 300,000 Americans being injured or killed due to medical negligence.

"These figures fly in the face of the recent legislation, which aims to penalize victims of medical negligence by reducing the amount of their compensation, rather than focusing on the real issue of reducing the amount of medical malpractice and negligence," said Hersh & Hersh Partner Nancy Hersh. "The medical staff at Sonora Community Hospital should have recognized Rachel King's dire condition and considered every avenue of diagnosis and treatment. Instead the doctors' poor judgment and half-hearted solution resulted in Rachel's unnecessary death."

Hersh & Hersh's lawsuit charges that Sonora Community Hospital and physicians Gordon Raskin and Penny Albin were negligent during Rachel King's visit to Indian Rock Prompt Care by failing to conduct a thorough diagnosis and apply appropriate treatment for Rachel's condition. Hersh & Hersh is seeking damages for James to cover pain and suffering as well as funeral and burial expenses in a sum to be determined by Tuolomne County Superior Court.

About Hersh & Hersh

Hersh & Hersh is a San Francisco-based law firm dedicated to protecting the safety and rights of consumers. The law firm represents clients both on an individual level and in class and multi-district litigation, and has pursued and won a wide range of civil suits, from product liability, medical malpractice and insurance bad faith to sexual harassment and employee discrimination. For the past 32 years, Hersh & Hersh has been committed to using the law to protect individuals by making sure companies exercise due diligence in manufacturing their products and operate in good faith in delivering their services.