Analysis case Einaugler v. Supreme Court of New York, 109 F.3d 836 (2nd Circ. 1997)
• Identify the main facts of the case. You may itemize these in a bulleted list.
Identify any legal issues that are present, as well as the doctrines and/or duties that apply. You may itemize these in a bulleted list.
• Discuss what fact or facts lead the prosecutor in this case to charge Dr. Einaugler with criminal reckless endangerment rather than malpractice. On conviction, what was Dr. Einaugler's "penalty," the remedy given to the State?
• Do you believe that the facts (as provided in the appellate court's decision) support a malpractice claim? Explain your rationale using the four elements of a malpractice cause of action. What remedies would be available to the patient's family?
• Do you agree with the prosecutor's determination to try this case as a criminal case? Justify your answer.© BrainMass Inc. brainmass.com March 22, 2019, 3:29 am ad1c9bdddf
Facts of the case:
Alida Lamour was transferred on Friday May 18, 1990 from Interfaith Medical Center to the Jewish Hospital and Medical Center of Brooklyn Center for Nursing & Rehabilitation.
Dr. Einaugler the doctor on call at the nursing home mistook a kidney dialysis catheter implanted in her abdomen for feeding tube and ordered nurses to pump nutritional solution through it.
When the lethal mixup was found, Dr. Einaugler failed to heed instructions from the nephrologists that Mrs. Lamour should be hospitalized.
Dr. Einaugler found the patient in distress when the nurse called him late Sunday afternoon.
She was hospitalized in the afternoon and she died several days later in the hospital.
Dr. Einaugler was prosecuted for intentional neglect.
He was convicted and sentenced to 52 weekends at Riker's Island.
He spent six weekends there after which Gov. George Pataki commuted his sentence.
Was there neglect as defined by Section 2803-d subdivision 7 of the Public Health Law, Part 81 of the regulations promulgated by the Commissioner of Health?
This solution explains the decision in the case of Einaugler v. Supreme Court of New York. The sources used are also included in the solution.