A New York City jury has returned a plaintiff’s verdict against NYC Health + Hospitals in a wrongful death case involving a 23-year-old woman who died after receiving delayed and incorrect treatment at Woodhull Hospital, according to an announcement from the Jacob D. Fuchsberg Law Firm.
The woman arrived at the emergency room in February 2020 with severe abdominal pain and vomiting. Lab results available within hours showed signs consistent with pancreatitis, but physicians treated only that condition and did not address diabetic ketoacidosis (DKA), a life-threatening condition in which a lack of insulin causes the blood to become acidic. According to the firm, there was a 12-hour gap between her admission and the start of insulin treatment.
Attorneys Kevin Lee and Rikki Dascal litigated the case on the family’s behalf. During cross-examination, they obtained a concession from the treating physician that the delay in starting insulin fell below an acceptable standard of care. When insulin was finally administered, the wrong type was given for her condition, the firm said.
The patient’s condition worsened due to blood loss, and she went into shock, dying two and a half weeks after her arrival. Physician experts from Harvard Medical School and Johns Hopkins Medical School testified that the 12-hour delay significantly reduced her chance of survival. The jury deliberated for roughly one hour and 44 minutes before returning its verdict.
NYC Health + Hospitals argued at trial that a busy emergency room contributed to the delay, but the jury rejected that defense. The firm’s wrongful death lawyers point to research showing that low-income and minority patients face longer emergency room wait times and lower quality care more often than other patients. They say the outcome underscores the need for consistent treatment standards regardless of a hospital’s location or patient population.
In his opening statement, Lee told the jury: “She did not receive the medication she needed. She did not receive the fluid that she needed. And we will contend the evidence will show that she lost a substantial chance at surviving.” In closing arguments, Dascal urged jurors to hold the hospital to the same standard as any other New York City facility. “This trial is your opportunity to hold a hospital in your community to the same standard of care as any other hospital in New York City,” Dascal said. “Regardless of which hospital our client walked into, she should have received the same level of care.”
The verdict adds to the firm’s record in wrongful death litigation against public and private medical providers. For over five decades, the firm’s medical malpractice and hospital negligence practice has represented patients and families harmed by delayed diagnoses and treatment failures at hospitals throughout New York City. The case highlights persistent concerns about emergency care equity and the legal accountability of public hospitals.
