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Bronx Personal Injury & Real Estate Blog

Friday, February 8, 2019

Can I sue for psychological or emotion harm without physical injuries?

New York City personal injury lawsuits do not always arise from the victim receiving physical injuries as a result of the actions of somebody else. Sometimes, personal injury lawsuits are based on a victim’s psychological or emotional pain and suffering allegedly suffered as a result of the negligent, reckless, or intentional actions – – or in actions – – of another person or entity.


The allegations in a recent New York City lawsuit against a hospital provide a perfect example. 


According to the unique lawsuit, which stems from a case of mistaken identity, a woman alleges that she was contacted by the hospital when a man with an almost identical name as her brother was admitted “unconscious with brain damage following a drug overdose”. The alleged “mix-up” reportedly happened when hospital staff saw that her brother was allegedly treated at the hospital on a prior occasion and so they contacted her. 


Reportedly, the patient “had a tube in his mouth and a swollen appearance” and while one sibling reportedly didn’t think it was their brother, the family allegedly thought the “facial features were similar enough” that it had to be him. One of the brother’s teenage children reportedly traveled from Virginia to say goodbye to her dying father and the family was allegedly distraught over the situation. It was only after the “sister” authorized life-support to be withdrawn causing the man’s death, that it was discovered that the man was not her brother and that unbeknownst to the family, the brother was alive and in jail.


The lawsuit seeks to recover monetary damages for “severe emotional harm” as a result of the alleged mistake, the suffering they went through during the vigil and processing the death of who they thought was their brother. The one sister is reportedly very upset because she “killed somebody” she didn’t even know when she gave consent to withdraw life-support.

 
If you or a loved one has been physically or psychologically injured as a result of the negligent, reckless, or intentional actions, or failure to act, of another person or entity, the Goldstein Law Firm can help you maximize the compensation to which you may be entitled. Contact us today for a free consultation. 


From our office in the Bronx, New York, we represent injured people and their families throughout New York City and New York State as well as those injured while visiting New York. 


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