New York Medical Malpractice Lawyer Blog

A young woman died during plastic surgery and her family sued the anesthesiologist and nurse for wrongful death. The woman, 42, came to New York from Ireland for a facelift. According to New York Malpractice Lawyers, the jury in the trial decided that while the anesthesiologist and nurse had deviated from acceptable medical practice, the two were not factors in the death of the woman.

New York Malpractice Lawyers reported that the nurse entered a plea giving the woman’s family a settlement of $1 million just prior to a jury decision, which would have cleared her of any charges. The jury decision also cleared the anesthesiologist.

Rarely do malpractice cases end with such news as this one. Had the nurse merely waited out the jury and their decision, her settlement would not have been necessary. According to the New York Malpractice Lawyers that Sachs also settled with the family for $2.1 million before the trial started.

Continue reading "Jury Rendered Her Not Guilty Reports NYC Malpractice Lawyers Nurse Settled Malpractice Case Shortly Before " »

A NYU surgeon was accused of transplanting the kidney of a woman who was suffering from uterine cancer into one of his patients. The man developed cancer after the transplant and left his widow to face the trial alone. New York Malpractice Lawyers indicate that the jury in Queens took approximately five hours to exonerate the surgeon.

During the trial, another physician testified that the surgeon was urged not to carry through with the transplant due to the cancer. However, the surgeon apparently didn’t take the advice of others and went ahead and took the chance. New York Malpractice Lawyers say the question the jury had to settle was whether the surgeon “deviated from accepted medical practice.”

The jury in this case returned a unanimous decision that the surgeon was not out of line. One of the jurors declined to give her name but did indicate that the decision was extremely difficult. According to this juror, the decision was based strictly on what they heard. New York Malpractice Lawyers indicate that two other propel received organs from this same donor and both developed cancer and died.

Continue reading "Doctor Cleared in Kidney Transplant Case Reports NY Malpractice Lawyers" »

The Brooklyn dentist was arrested and served three years behind bards for his insurance scam. He had managed to take over $600,000 from insurance companies while treating Port Authority cops. Not only did he make this an issue of scamming insurance companies in his own office, he resorted to stealing another dentists identify and continued to file fraudulent. According to New York Malpractice Lawyers, he had agreed to server 7.5 years for submitting false claims.

Once he stole another dentist’s ID, he started filing fraudulent claims using the other dentist’s name. The dentist’s statement to a federal judge, consisted of an apology and then by blaming the insurance companies for their behavior toward medical professionals as a reason why he and other like him end up committing this crime. New York Malpractice Lawyers indicate that the dentist was simply doing what he could do to try to relieve the pressure.

Once the dentist was incarcerated and served three years of his term, he was able to appear before a federal judge again and ask for leniency. According to those in attendance and who had suffered from his criminal acts, the dentist’s behavior was uncalled for and that shouldn’t have even been a question. According to New York Malpractice Lawyers, the dentist managed to get through the entire process lightly based on his behavior and concern for his family’s welfare in his absence.

Continue reading "Brooklyn Dentist Faces Charges Reports a New York City Malpractice Lawyer" »

A New York medical malpractice lawyer, handling a case dealing with misdiagnosed lung cancer, has helped confirm that two physicians can be jointly responsible for a misdiagnosis. The case involved a Manhattan woman who was diagnosed with lung cancer. She underwent surgery, chemotherapy, and radiation treatments. Despite all of this, the woman died two years after having been diagnosed. The woman’s family claimed that the cancer had not been diagnosed in a timely fashion, and that the failure to make a timely diagnosis allowed the lung cancer to spread, and thus cause her premature death. They brought an action against the internist, and the pulmonologist to whom the internist had referred the woman.
Ultimately, the court held that although simply referring a patient by one doctor to another usually does not make the referring doctor liable for the negligence of the treating doctor, joint liability could be imposed when the referring doctor is extensively involved in the decisions that lead to the diagnosis and treatment of the disease, and when these decisions constitute negligent acts. Under these circumstances, the court continued, a jury could impose liability on both the doctor who made the referral and the doctor to whom the referral was made. Regarding the woman who died of lung cancer in this case, the court felt that there was enough evidence to support the conclusion that the referring internist jointly participated with the pulmonologist in the monitoring and diagnosing the woman’s lung cancer. In addition, there was enough evidence to show that both doctors were responsible for failing to order a needle biopsy three years prior to the diagnosis and five years prior to the woman’s death, and that this failure was a departure from good and accepted standards of medical care and proximately caused the premature death of the woman.
If you or loved one have been injured by a referring physician and the physician to whom the referral is made, or by any other act of medical malpractice, you may need the assistance of a New York medical malpractice lawyer.

Continue reading "NEW YORK MEDICAL MALPRACTICE LAWYER HELPS CONFIRM THAT TWO PHYSICIANS CAN BE JOINTLY RESPONSIBLE FOR A MISDIAGNOSIS" »

A New York medical malpractice lawyer has helped a Manhattan woman whose doctor misread a biopsy report, and thus did not accurately inform her before she submitted to a radical mastectomy. Specifically, the case involved a woman who was suffering from breast cancer. A biopsy was performed in order to determine the extent of the cancer. However, the doctor misinterpreted the biopsy report. Because of this misinterpretation, the doctor misadvised the woman regarding the extent of her breast malignancy. The woman, relying on the doctor’s inaccurate representation of her breast cancer, chose to undergo a modified radical mastectomy. A correct interpretation of the biopsy report showed that her condition did not require this drastic treatment. Rather, the correct treatment for the woman’s cancer was a far less invasive procedure know as a lumpectomy. However, the woman was never advised that the lumpectomy was a good treatment option available for those who suffered from her condition.
Based on these facts, the court held that that was ample evidence to show that a reasonably prudent person in the woman’s position and suffering from the type of cancer that the woman was suffering from would not have undergone a mastectomy had she been correctly and accurately apprised of both her condition and of the less invasive, medically sound procedure that is typically used to treat that condition. The court concluded that, because the doctor had provided the woman with inaccurate information, the doctor in effect failed to obtain her informed consent for the modified radical mastectomy he performed on her. The court awarded her $850,000 in damages for her pain and suffering, as well as other damages.
If you or a loved one has suffered damages because of a situation involving failure to obtain informed consent, or because of any other act of medical malpractice, a New York medical malpractice lawyer may be able to help you.

Continue reading "NEW YORK CITY MEDICAL MALPRACTICE LAWYER ASSISTS WOMAN WHO WAS NOT INFORMED BEFORE SUBMITTING TO RADICAL MASTECTOMY" »

A woman who suffered a ruptured uterus, which ultimately caused injuries that lead to the death of her newborn baby, was able to get her case to trial thanks to the efforts of a New York medical malpractice lawyer. The plaintiff was a woman who had her first child via cesarean section. For her second child, she decided to attempt a vaginal delivery. To accomplish this, delivery was induced by the use of Prepidil Gel and Pitocin. However, during the delivery, her uterus ruptured at the site of the incision from the earlier cesarean section. The rupturing of the uterus then required that a second, emergency cesarean section be performed so as to deliver the second child. Unfortunately, the ruptured uterus caused a complete placenta abruption, which cut off the oxygen supply to the fetus. Once the oxygen supply was cut off, the infant was born with extensive brain damage, and died 13 days later.
The woman brought a medical malpractice action against the University Associates of Obstetrics and Gynecology and its employees. She claimed that these defendants did not tell her about the risks of a vaginal delivery, and that there was a lack of informed consent regarding the induction of labor with Prepidil Gel and Pitocin. She also claimed that the attending physician departed from good and accepted medical practice by first inducing labor, and then failing to stop the administration of the Pitocin after the uterus ruptured. Finally, she claimed that these acts and omissions were substantial factors in causing not only injuries to her, but the death of her infant as well.
According to a New York Medical Malpractice Lawyer, the Supreme Court of New York, Appellate Division, Second Department, agreed with the woman. They held that she had presented a prima facie case as to whether the doctors had adequately communicated the risks of having a vaginal delivery, and that the administration of Pitocin should have been discontinued once the rupture of the uterus occurred.

Continue reading "WOMAN WHO SUFFERED RUPTURED UTERUS DURING DELIVERY GETS CASE TO TRIAL THANKS TO NEW YORK MEDICAL MALPRACTICE LAWYER" »

A Bronx man who suffered injuries because of a negligently performed aorto-iliac bypass graft surgery has been helped by a New York medical malpractice lawyer. The problem began when the man sought treatment for arteriosclerosis. Ultimately, the problem was severe enough that surgery was required, and the defendant performed aorto-iliac bypass graft surgery. As a result of the surgery, however, the man developed a condition known as “trash feet,” which is caused when particles of plaque become lodged in the small arteries of the feet. In turn, this condition lead to the man’s feet becoming gangrenous, which required the amputation of part or his right foot and four toes on his left foot.
The man then brought an action against the surgeon, claiming that the surgeon, in performing the procedure, departed from accepted medical practice because he clamped the abdominal aorta first, and the iliac arteries second. A New York Medical Malpractice Lawyer An expert testified that the order of the clamping should have been reversed, and that the order chosen by the surgeon caused loosened plaque particles to travel through the bloodstream and down to the feet, where the plaque lodged in the small arteries of the feet and caused the trash feet. The surgeon claimed that his order of clamping was within the range of accepted medical malpractice, but the jury disagreed. Ultimately, the man was awarded $100,000 for lost earnings, and $500,000 for pain and suffering.

Continue reading "NEW YORK CITY MEDICAL MALPRACTICE LAWYER ASSISTS MAN WHO SUFFERED INJURY DUE TO AORTO-ILIAC BYPASS GRAFT SURGERY" »

Millions of taxpayers' dollars have been recovered over the last three years from the Medicaid Fraud Unit. The Attorney General has been on a crusade to clean up the Medicaid system by prosecuting pharmaceutical companies, medical equipment suppliers, doctors, and nurses that have been ripping off the system. One large return came from a large drug company that was marketing an antipsychotic drug inappropriately toward children for treating attention deficit disorder or depression as an "off-label" usage. Other rewards came from charges against a psychiatrist billing for services supposedly rendered while he was out of the country, and doctors writing prescriptions for medications used to treat pain disorders for patients already addicted to narcotics. According to New York Malpractice Lawyers, this movement could not be more needed. It is the hopes of the Attorney General's office that by cracking down on fraudulent use of Medicaid, the system will be able to work as it was originally intended and more efficiently. In 2009, $283 million dollars was recovered and a record of 148 criminal convictions was won. A total of $263.5 million was regained in 2008 and $113.8 million for the year of 2007. Although the increasing amounts reveals the effectiveness of the AG's office each year in catching these criminals, it also exposes a sad trend of just how corrupt the system is. It appears that it is not an uncommon practice for doctors and medical providers to claim services that were not performed. New York Malpractice Lawyers are aware of this exploitation and fighting against it.

Victims of the misbehavior of a medical provider should contact a NY Malpractice Attorney to have your rights represented. Call a New York Malpractice Lawyer if you suspect your physician or medical provider has committed an act of fraud, or has harmed you or a loved one due to negligence.

Continue reading "Medicaid fraud being cleaned up, says a New York City Malpractice Lawyer " »

Recent research has revealed a possible link between some medications and suicide. A New York Malpractice Lawyer found that a study conducted by Brigham and Women’s Hospital located in Boston, MA concluded that drugs commonly used for epilepsy and other medical conditions may have an increased risk for fatal side effects. Patients taking the medications, gabapentin (Neurontin), oxcarbazepine (Trileptal), lamotrigine (Lamictal), and tiagabine(Gabitril), were most likely to cause harm to themselves. The drug, topiramate (Topamax), was also included in the investigation, but posed lesser of a danger. These anticonvulsants are also used in the treatment of migraine headaches, bi-polar disorder, neuralgia, mania, and other pain disorders. The inquiry of 297,620 cases uncovered 827 suicidal acts, 801 attempts and 26 actual suicides, and also reported 41 violent deaths. Some doctors argue that the findings are incomplete as the possibility of underlying psychiatric issues of the patients was not analyzed. A New York Malpractice Lawyer states that it is important that patients taking these or any other drugs consult with their physician with concerns about side effects before discontinuing, as this may cause additional problems. It was not determined how exactly these medications caused patients to injure themselves, but more extensive tests have revealed that failure to treat epilepsy could result in death as well. Depression is a common side effect of severe pain syndromes and epilepsy, and patients should talk with their doctors about it and anxiety. Dealing with such emotions without the support of medical personnel and family can have devastating results.

If your family has been affected by the death or suicidal attempt by someone one of these or any other medication, you need a New York Medical Malpractice Lawyer to evaluate your case.

Continue reading "Epilepsy Drugs may be linked to suicide says New York Malpractice Lawyer" »

The family of Kay Cregan and their New York Medical Malpractice Lawyers had filed a multi million-dollar lawsuit against Dr. Michael Sachs. Cregan had come to New York City in March 2005 to have a face-lift, nose job and chin augmentation. She had left Ireland and told her family she would be visiting friend in Dublin, but actually went to Dr. Sachs’s office in New York City. Her family brought a lawsuit in New York County Supreme Court against the plastic surgeon who performed the surgery, the anesthesiologist and the nurse. The suit alleges that after administering the anesthesia, the anesthesiologist did not stay to regulate Cregan’s blood pressure. After the surgery, Cregan’s blood pressure dropped and she passed out. The suit further brought by a New York Medical Malpractice Lawyer alleges that the nurse failed to intubate Cregan or to call an ambulance in a timely manner. Dr. Sachs settled with Cregan’s family out of court for an undisclosed amount. The family is still suing the anesthesiologist and nurse. Sach’s medical license was taken away in 2008.

Continue reading "NY Medical Malpractice Lawyer reports a fatal facelift in Central Park" »

A man in Salt Lake City fatally shot his wife in a church parking lot in 2008. He had been under a doctor’s care and was taking mood-altering drugs. However, according to the children who have filed the suit on his behalf, the doctor and nurse practitioner did not monitor the man’s behavior properly. New York Malpractice Lawyers report that the man shot his wife thirteen times.

In this particular case, the man later pleaded guilty to aggravated murder and was sentenced to prison. The malpractice suit is looking to get a jury trial and unspecified damages to compensate the couple’s two children.

This particular suit names the physician, the nurse practitioner and the medical clinic where the man was receiving treatment. As with most psychological disorders, carefully monitoring is advised. New York Malpractice Lawyers indicate that the attorney for the defendants was not available to comment on the case.

Continue reading "Mood Altering Drugs Unmonitored Lead to Malpractice Lawsuit Reports a New York City Malpractice Lawyer" »

A forty-seven year old man suffering from diabetes and chronic pancreatic has finally reached a settlement for the pain and suffering he has endured at the hands of a medial malpractice action. The man was originally admitted into the hospital for complications from pancreatic disease. A nurse is said to have inserted an IV and then administered the drug phenergan to combat nausea and Demerol, which is a painkiller. The man’s condition was evaluated shortly after and he was determined to be all right. New York malpractice lawyers indicate that when he was checked 45 minutes later, something was obviously wrong.

The physician checked on the man approximately nine hours later and decided that the medication had leaked into his hand and into the surrounding tissue. The patient was then transferred to another hospital where an orthopedic surgeon performed surgery on his wrist but was unable to save the man’s thumb. New York Malpractice Lawyers indicate that the plaintiff asked for between $1.2 and $1.6 million.

Unfortunately for this man, he lost his thumb and in addition feels he deserves to be compensated the amount in which he would have been able to earn had he not suffered at the hands of malpractice. New York Malpractice Lawyers indicate that he was awarded $1.5 million for his suffering.

Continue reading "Medical Malpractice suit nets $1.5 Million Reports a New York City Malpractice Lawyer" »