Lawsuit Filed In New York City Alleges 20% Of “Brain Dead” Patients Are Actually Alive! Kingston, New York Medical Malpractice Attorney Discusses

A shocking lawsuit has everyone’s attention down in Manhattan. The lawsuit was initiated by Patrick McMahon, who is a nurse practitioner and an Air Force combat veteran. The action alleges that one in five, or twenty-percent, of all patients declared legally dead because they are “brain dead” are actually STILL ALIVE! Twenty-percent!! In fact, the lawsuit cites a case where a young 19-year-old-man was in a car accident and was still showing signs of brain activity, was harvested after doctors just signed off on him when the aggressively solicited consent from the family.

When an individual is declared brain dead, their lungs, heart, and bodily system is still working but their brain is no longer functioning; there is not cognitive function or conscious-self. The bodies are then approved as organ donors, and are brought to the hospital where the donation will occur and “harvested.”

The lawsuit alleges that the one in five who are still alive are actually killed by the organ harvesting, and not the underlying issue that caused their paralysis. The lawsuit is premised on the fact that the organ transplant business is becoming more lucrative and there is coercion, abuse, and foul play at work here. That some patients are not getting a fair shake because—basically—they are really worth more money to the hospital dead than alive because of the cost of an organ transplant.

The lawsuit also alleges that the coaches, who New York Organ Donor Network hires to obtain consents from families before harvesting the organs, is not helping counsel families but is actually “selling” the organ donation system.

I am really interested to see what happens with this case. It sounds a little speculative and the facts might be quite difficult to prove. However, Mr. McMahon, who is bringing the lawsuit, has been in combat and has seen some of the worst head injuries and recoveries and claims the human mind can do some amazing things and heal from those injuries. I would love to see how this case is argued and comes together, but I anticipate it getting thrown out in motion practice.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com . You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.