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Woman Files Lawsuit Against Doctor For Wrongful Death

March 3, 2006

Herbert O'Rourke, a 67 year-old man went to his doctor complaining of shortness of breath and chest pain. The doctor never bothered to conduct a physical exam and delayed a stress test by 16 days.

Instead, he wrote a prescription for a powerful and contraindicated drug. The patient never made it to the stress test as he died a week later.

The doctor compounded his malfeasance by filing false information on the death certificate and opting not to order an autopsy, which would have revealed his malpractice.

A Huntington, New York woman, Mrs. Norma O'Rourke, has filed suit on January 26, 2006 against Dr. Hachiro Nakamura and the North Shore Medical Group alleging that their medical malpractice and negligence caused the wrongful death of her husband, Herbert O'Rourke.

The suit entered in Suffolk County, New York also alleges that Dr. Nakamura covered up his malfeasance by actions that included filing false information on the death certificate. In doing so, he inflicted grave emotional distress on Mrs. O'Rourke.

The lawsuit contends that on November, 7, 2003, Herbert O'Rourke, a 67 year-old man and longtime patient of Dr. Nakamura's, went to see the doctor complaining of chest pain and shortness of breath.

Mr. O'Rourke did suffer from diabetes and he was overweight. Despite these known factors and Mr. O'Rourke's present condition, Dr. Nakamura failed to conduct a physical examination of his patient.

Instead, Dr. Nakamura ordered a stress test and prescribed Nitrostat, which the literature warns against prescribing for a diabetic.

Mr. O'Rourke died seven days later on November 14, 2003. The lawsuit holds that Dr. Nakamura's failure to act professionally led to Mr. O'Rourke's death.

Mrs. O'Rourke's attorney, is Carol L. Schlitt.

The lawsuit claims that Dr. Nakamura worsened the matter by intentionally withholding information from Mr. O'Rourke's widow and deceiving her about his failure to properly treat his patient.

The lawsuit claims that Dr. Nakamura made false statements on the official death certificate filed with the Town of Huntington, New York and did not requisition an autopsy.

Attorney Carol L. Schlitt stated that the lawsuit seeks to make public Dr. Nakamura's actions, to have him apologize to Mrs. O'Rourke and to pay financial damages for wrongful death, the pain and suffering endured by Mr. O'Rourke and emotional distress caused to Mrs. O'Rourke.