Illinois residents might recall the death of Eagles guitarist and co-founder Glenn Frey in 2016. The Eagles stated that Frey died of complications of colitis, pneumonia and rheumatoid arthritis, and now his widow is filing a wrongful death lawsuit against a hospital in New York.
The attorney for Frey’s widow declined to comment on the details of the case, but the complaint alleges that the hospital and a gastroenterologist failed to properly treat Frey’s diagnosed ulcerative colitis, failed to diagnose an infection and did not advise Frey about the possible risks and side effects of treatment.
Frey died on Jan. 18, 2016. The complaint against the Manhattan hospital states that he suffered pain and mental anguish prior to his death. He had been under treatment by the gastroenterologist named in the complaint in the fall of 2015.
The lawsuit was filed just prior to the expiration of New York’s two-year statute of limitations on wrongful death cases. Frey’s widow is seeking an undisclosed amount. New York law requires that lawyers consult with doctors prior to filing any claim based on medical malpractice, but this can be waived if a consultation is not possible before the expiration of the statue of limitations.
Medical malpractice is a term that covers many mistakes that doctors might make, and also includes acts of negligence such as failing to do something that could improve the patient’s health or prevent the patient’s death. Hospital negligence is similar in that it generally applies to health care institutions rather than individual practitioners. An attorney representing a plaintiff will need to demonstrate that the actions or inactions constituted a breach of the requisite duty or care and that the patient was harmed as a result.