Hospital Hit with Wrongful Death Lawsuit

Ava Lawson | February 1st, 2017

476400937Exeter Hospital is facing litigation involving the death of a 67-year old woman whose urinary tract infection was allegedly misdiagnosed by doctors. The medical malpractice lawsuit was filed on January 13 in Rockingham Superior Court. According to a news report in Seacoast Online, Dr. Steven Kahan of Core Physicians LLC and Dr. Craig Maclean of U.S. Acute Care Solutions are named defendants in the suit. The providers and their staff are being held vicariously liable for the purported careless, negligent and unlawful acts and “failure to act in breach of the standard of care.”

The wrongful death lawsuit claims that on October 24, 2016, Jacklyn Chamberlin visited Exeter Hospital’s emergency department complaining of fever-like symptoms. Doctors performed an ultrasound and urinalysis, which showed a ureteral-blocking kidney stone and the presence of bacteria in her urine. According to the suit, the treating urologist Dr. Steven Kahan advised Dr. Maclean that the results were not concerning for an infection, and therefore antibiotic treatment was not prescribed. The elderly woman was discharged from the hospital with pain medication and without any additional testing with a diagnosis of a renal stone. Three days later Jacklyn Chamberlin was dead.

Woman dies from severe infection

The family of Jacklyn Chamberlin argues that attending doctors should be held responsible for failing to diagnose the patient’s urinary tract infection, and for failing to provide Chamberlin with the standard of care owed to patients.

Two days after being sent home with pain medication, Chamberlin’s condition deteriorated rapidly, prompting another visit to the Exeter emergency department. By the time she was admitted, Chamberlin had entered septic shock — a medical emergency involving organ dysfunction and failure. Chamberlin’s bacterial infection had spread to her bloodstream, causing a massive immune response known as sepsis. Despite aggressive attempts to stabilize Chamberlin with treatments and intensive care, Chamberlin succumbed to the severe bacterial infection on October 27.

The lawsuit contends that defendants breached the standard of medical care, and that prompt antibiotic treatment on October 24, 2016 would have prevented the urinary tract infection from worsening and likely prevented her death. The complaint was brought by the decedent’s spouse, Francis Chamberlin, who is demanding fair and full compensation for his losses.

Medical misdiagnoses in New York

Every year, hundreds of medical malpractice lawsuits are filed over a failure to diagnose, delayed diagnoses or misdiagnoses – all of which can lead to life-threatening consequences. In the case of Jacklyn Chamberlin, her family contends that a timely diagnosis and proper treatment would have prevented her premature death due to an infected kidney stone.

While some of the best physicians in the country are capable of making mistakes, victims of hospital negligence are afforded legal rights.

Like all states, New York has deadlines for filing a medical malpractice claim, whether it’s against a hospital, a clinic, or specific doctors. Known as the statute of limitations, this time frame is 2 and a half years (30 months) from the date of the alleged action or inaction that caused the injury. In surgical negligence cases involving foreign objects that were left inside the body, plaintiffs must file suit within one year of the date the object was or should have been discovered.

If you or a loved one was injured in a hospital setting because of a misdiagnosis or incompetent care, a skilled medical malpractice lawyer is vital to the success of your claim. The Sanders Firm has built a solid reputation as one of New York’s leading malpractice firms, winning over $100 million dollars on behalf of our clients in the past five years alone. We have convenient office locations in Manhattan, Brooklyn, Queens and Long Island, and represent clients across NY State. Call 1-800-FAIR-PLAY to schedule a free consultation.


  1. Seacoast Online, Lawsuit Alleges Wrongful Death at Exeter Hospital http://www.seacoastonline.com/news/20170119/lawsuit-alleges-wrongful-death-at-exeter-hospital

  2. Medical News Today, Sepsis: Causes and Treatment http://www.medicalnewstoday.com/articles/305782.php