A New York woman was awarded $10.7 million after Queens Hospital left her waiting in an emergency room for over two hours with a fractured skull. Legal experts say this type of medical malpractice could have been avoided - and the jury wholeheartedly agreed.

Somebody do something

That's what Candida Diego, 71, and her husband Robert, 67, begged of the staff of Queens Hospital in New York recently. According to news reports, Mrs. Diego fell down a flight of stairs, fractured her skull and was rushed to the hospital. However, to the couple's horror, she was left waiting in the emergency room for over two hours with her injuries and fell into a coma before hospital workers saw her.

Doctors at the hospital, which is known for its trauma practice, had to perform emergency brain surgery on Diego in order to save her life. She now has permanent neurological damage and needs a full time nurse as she cannot care for herself. The couple sued the hospital for medical malpractice and a jury awarded them $10.7 million in damages due to the hospital's negligence in leaving her unattended and without the proper care.

Action vs. inaction in NY med mal claims

As this case shows, medical malpractice claims aren't always based on the action of a hospital, doctor or medical staff; they can also be based on inaction. It's important not to assume that you don't have a valid claim simply because an action wasn't taken. In many cases, medical staff has a duty to act and can be held liable if they do not. Every situation is different, so consulting with an attorney is always advisable.

If you've been injured due to medical malpractice, contact an attorney whose practice focuses in this area of the law to discuss your situation and explore your options. Consultations are free, without obligation and are strictly confidential. Click here to contact an experienced New York medical malpractice lawyer.