Posted On: April 30, 2010

NEW YORK MEDICAL MALPRACTICE LAWYER HELPS WOMAN INJURED BY MISDIAGNOSES OF WRIST INJURY

A woman who was injured after her wrist injury was misdiagnosed has been successful in her medical malpractice case. The problem began when the woman went to her family doctor complaining of pain and swelling of her right wrist. The family doctor suspected that the problem was carpel tunnel syndrome. The doctor ordered nerve conduction studies, and followed a very general and conservative course of treatment. When the nerve conduction studies proved to be normal, and the conservative course of treatment did not relieve the woman’s wrist pain and swelling, the family doctor referred her to an orthopedic surgeon who specialized in musculoskeletal conditions of the wrist and hand. The orthopedic surgeon diagnosed the woman’s condition as Quervain’s disease, which is a condition caused by a compression of the sheath encircling the tendons along the thumb side of the wrist. In turn, this compression creates pain, and diminishes the useful function of the wrist and hand. Initially, the surgeon treated the condition with anti-inflammatory medication and a splint. When this was unsuccessful, the surgeon performed an operation to release the tendon sheath and the tendons; during the operation, the surgeon discovered that the tendons were normal. After this, the woman went back to her family doctor, who referred her to a rheumatologist. The rheumatologist diagnosed the problem as a different condition – reflex sympathetic dystrophy. The woman then brought a New York medical malpractice Lawyer in to bring an action against the surgeon.
At trial, the jury found that the surgeon departed from good and accepted medical practice by failing to gather and consult the complete set of medical records from the family doctor, by incorrectly diagnosing the condition as Quervain’s disease, and by not doing additional testing after the surgical procedure to release the tendons led to the discovery that the tendons were normal. The jury further found that the surgeon’s actions delayed the rheumatologist in making the correct diagnoses, and that as a result of this delay the reflex sympathetic dystrophy could not be effectively treated. The jury awarded the woman $2,500,000.00.
If you or someone you know ahs been injured by a misdiagnoses or by an unnecessary surgical procedure, then you need a New York medical malpractice lawyer.

Continue reading " NEW YORK MEDICAL MALPRACTICE LAWYER HELPS WOMAN INJURED BY MISDIAGNOSES OF WRIST INJURY " »

Posted On: April 28, 2010

MOTHER RECEIVES ONE MILLION DOLLAR DAMAGE AWARD AGAINST HOSPITAL THAT FAILED TO TREAT HER SHORTLY BEFORE THE DELIVERY OF HER BABY ACCORDING TO A NEW YORK MEDICAL MALPRACTICE LAWYER

A New York woman recently obtained a one million dollar damage award in a medical malpractice case brought against Wyckoff Heights Medical Center (Wyckoff) by a New York Medical Malpractice Lawyer. She was able to prove that Wyckoff failed to properly evaluate and treat her when she went to the hospital in her 32nd week of pregnancy as she was suffering abdominal pain. As a result of the medical malpractice in failing to treat her, she delivered the baby at home, without the help of a doctor. The baby emerged in a breech position, and later died of asphyxia because its head had been caught in the birth canal.
More specifically, the evidence showed that in her 30th week of pregnancy, the mother-to-be went to Wyckoff with lower abdominal pain, and was admitted in order to rule out labor. She was treated with an antibiotic and a drug that relaxes the muscles, and discharged. In her 31st week, she was again admitted to Wyckoff with similar symptoms, received another drug used to prevent or stop premature labor, and again discharged. A few days later, she returned to Wyckoff, again determined not to be in labor, and was given another antibiotic for a possible urinary tract infection. In her 32nd week she was again admitted to Wyckoff, at 12:25 A.M. A midwife concluded that she was not in labor, and she again went home. She returned to Wyckoff a few hours later, was again seen by medical personnel, and given a prescription for Tylenol with codeine, and again sent home. The next day, while at home, she went into labor. Her brother called an ambulance and she and the baby were rushed to the hospital, but it was too late to save the baby.
If you or a member of your family suffers an injury because of the medical malpractice of a hospital, you need to speak with a New York Medical Malpractice Lawyer.

Continue reading " MOTHER RECEIVES ONE MILLION DOLLAR DAMAGE AWARD AGAINST HOSPITAL THAT FAILED TO TREAT HER SHORTLY BEFORE THE DELIVERY OF HER BABY ACCORDING TO A NEW YORK MEDICAL MALPRACTICE LAWYER " »

Posted On: April 25, 2010

WOMAN WHOSE HOSPITAL FAILED TO ADMIT SORTLY BEFORE OCCURANCE OF BREECH BIRTH IS HELPED BY NEW YORK MEDICAL MALPRACTICE LAWYER

A woman who lost her baby after complications resulting from a breech birth has been helped by a New York medical malpractice lawyer. The problems began when the woman, at the time approximately 30 weeks pregnant, began experiencing lower abdominal pain, headache, and fever. She went to Wyckoff Heights Medical Center and was admitted for six days. During this stay, she was placed on a fetal monitor, treated with a drug that relaxes the uterine muscles and is used to stop premature labor, given an antibiotic after a group B strep culture was taken, and ultimately diagnosed with cervicitis. A week later, she began experiencing the same symptoms, and returned to Wyckoff. This time the hospital staff concluded that she was suffering from a urinary tract infection, gave her another antibiotic, and sent her home without admitting her. The next day, still feeling discomfort, she returned to the hospital. She had a brief triage admission, during which a midwife determined that she was not in labor, and she was again sent home. The woman went back to the hospital a few hours later, and this time hospital personnel gave her a prescription for Tylenol with codeine, and again sent her home. The next day, while at home, she went into precipitous labor. An ambulance was called, but the baby was nonetheless born at home, foot first. Then, the baby’s head became lost in the birth canal, and, ultimately, did not survive.
The death certificate for the baby stated that, at the age of approximately one hour, the baby died of asphyxia, and that the asphyxia was caused by the unattended breech delivery during which the baby’s head becoming wedged in the birth canal. Ultimately, a jury determined that the premature footling breech of the baby, at home and without medical attention, could have been prevented if the woman had been readmitted to the hospital, and that this failure to readmit was a departure from the standard of reasonable and appropriate medical practice.
If you or a loved one has been injured because of a failure of a hospital to admit, or by any act of medical malpractice, you may need a New York medical malpractice lawyer.

Continue reading " WOMAN WHOSE HOSPITAL FAILED TO ADMIT SORTLY BEFORE OCCURANCE OF BREECH BIRTH IS HELPED BY NEW YORK MEDICAL MALPRACTICE LAWYER " »

Posted On: April 23, 2010

Suit Alleges Post Surgery Infection was Fatal States a New York Medical Malpractice Lawyer

Having undergone a coronary-artery bypass graft surgery a week earlier, a sixty-nine year old man began to have abdominal pain. After telling his internist, the pain continued approximately nine hours and was diagnosed as constipation. The next day, a gastroenterologist agreed that the pain the man was experiencing was due to constipation. Several days later the man reported pain in his abdomen again and his definition of the pain was severe. Again he was diagnosed with constipation.

Approximately a month later the man had blood work performed and it showed that he was infected with Enterococcus faecalis, which is basically bacteria in the intestinal tract. At this point, the patient was described as unstable. A cardiac surgeon had an infection from one of his incisions during the surgery in early July. He performed two surgeries and ordered the patient undergo many tests but in mid-September, the man died. His wife who detailed the experience and stated that doctors failed to diagnose the infection properly consulted New York Medical Malpractice Lawyers.

During the trial, expert testimony discussed the man’s pain along with the lack of proof of fecal matter in the x-rays, which would have constituted the diagnosis of constipation. New York Medical Malpractice Lawyers indicated that the tests weren’t performed and that the physicians performed an unnecessary surgery.

Continue reading " Suit Alleges Post Surgery Infection was Fatal States a New York Medical Malpractice Lawyer " »

Posted On: April 21, 2010

Removal of Cataracts Cause Eye Problems Reports New York Medical Malpractice Lawyers

When a 77-year-old woman underwent cataract surgery on her right eye, she assumed that the procedure would be carried out without issue as many others are. The procedure was performed at St. John’s Episcopal Hospital in Queens by one ophthalmologist and another who was on site to assist. The procedure included an anterior vitrectomy, which is basically the removal of the clear gel that fills the space between the lens of the eye and the retina. The gel was replaced by artificial solution to support the lens that replaced the cataract that was removed. The woman developed pseudophakic bullos keratophy, which was obviously unexpected.

In this woman’s case, she suffered the loss of almost all of her vision in that eye. After seeking assistance from a New York Medical Malpractice Lawyer, the doctors were sued for malpractice for not properly performing the surgery. The doctors discontinued their claim against the woman and proceeded to trial against the woman. The claim was made that the incision the physician used to remove the cataract was the reason for the damage to the posterior portion of the eye.

New York Medical Malpractice Lawyers report that the damage to that portion of the eye caused the vitreous matter to leak from the eye and was the reason for the decomposition of the eye. The woman’s counsel indicated that because the doctor inserted an intraocular lens that was too large, his actions were the reason for the woman’s injuries. Once the trial had concluded, the parties negotiated a settlement and the doctor’s insurance company agreed to pay a total of $600,000 and the woman discontinued the claims against the other physician.

Continue reading " Removal of Cataracts Cause Eye Problems Reports New York Medical Malpractice Lawyers " »

Posted On: April 18, 2010

Plaintiff Alleges Wrong Medication Reason for Stroke Reports A New York Medical Malpractice Lawyer

When a 36-year-old man was admitted to a New York University Hospital in Manhattan he was treated by a cardiovascular specialist and prescribed an anti-platelet drug called Plavix. The drug is generally used to prevent stroke. The man returned to the doctor reporting that he had a rash and so the doctor suggested that he discontinue the use of Plavix and take an aspirin. The patient later suffered from a severe stroke that produced paralysis of the right side of his body. He sought the help of a New York Medical Malpractice Lawyer as he claimed that the stroke could have been prevented with proper medication.

The New York Medical Malpractice Lawyers conceded that although the doctors could not determine the cause of the second stroke, the stroke was most likely the result of atrial fibrillation, which could have been prevented if the patient had been treated with an anticoagulant. The physician’s lawyers argued that since the patient had his heart’s mitral valve replaced prior to the stroke and that a defective mitral valve is best addressed with anti-platelet agent, not anticoagulant.

In this particular case, a jury verdict was in favor of the physicians noting that care the patient received did not deviate from the accepted standard.

Continue reading " Plaintiff Alleges Wrong Medication Reason for Stroke Reports A New York Medical Malpractice Lawyer " »

Posted On: April 15, 2010

Doctor Claims Smoking Made Patients Illness Worse reports a New York Medical Malpractice Lawyer

A 51-year-old woman suffered a broken leg and was treated with customary rod and screws to properly stabilize the leg and allow the bones to heal. She suffered a break in both the fibula and tibia in her lower leg. An orthopedic surgeon performed surgery. After two weeks, a follow up x-ray revealed that the lowest screw had dislodged and the rod was no longer in place. She suffered as a bone fragment managed to pierce through her skin. New York Medical Malpractice Lawyers report that the woman underwent a reversionary surgery at that time.

After another month had passed, the woman was evaluated by another orthopedist and underwent yet a third surgery. At this time, an infection in the area was found at this time and she alleges that the physicians were to blame for her problems because they did not properly address the fractures. The experts stated that the surgery should have been followed by a cast and that the patient should have been advised to avoid weight-bearing activities. And, they also noted that the infection should have been found at the time of the second procedure.

New York Medical Malpractice Lawyers were faced with a defense that the woman was at fault for putting too much of a burden on the leg too soon along with the defenses suggestion that the patients healing was hindered by the adverse effects of cigarettes on bone and soft tissue. A jury trial returned a verdict in favor of the physicians and the patient’s counsel moved for a new trial.

Continue reading " Doctor Claims Smoking Made Patients Illness Worse reports a New York Medical Malpractice Lawyer " »

Posted On: April 12, 2010

Dentist Declares Carelessness by a Patient Resulted in Infection states a New York Medical Malpractice Lawyer

When the 45-year-old unemployed man arrived at the dentist, he was diagnosed as having an abscess and infection of his third molar. The dentist removed the tooth and sutures were used that would allow drainage of the abscess. And, since this isn’t your average painful situation, the man was given a prescription for pain medication and instructed to return after a week for a follow-up exam. The man did not return for his follow-up, however, after two weeks, he was forced to return with a serious infection. He was referred to a hospital.
When the man arrived at the hospital, the infection, which was formerly in one of his molar, which had been removed, had spread to his respiratory system. He was attached to a respirator at that time and eventually had to undergo a tracheotomy. The infection finally healed but the man still felt that the dentist had not properly treated the situation I the first place. And, a dentistry expert testified at the trail that the dentist did not follow protocol and that the man should have been treated with antibiotics prior to the extraction and that the tooth shouldn’t have been removed until the infection was gone. New York Medical Malpractice Lawyers report that the expert testimony also included information regarding how the drainage area on the extracted tooth was not properly addressed. Furthermore, the expert stated that the follow-up should have occurred within 24 hours.

New York Medical Malpractice Lawyers were met with another expert who contended that the infection could not be addressed until the tooth had been removed and the man’s infectious-disease expert agreed. The man endured a lengthy hospitalization and eventually sued for damages in the past and the future pain and suffering. However, the fact that the man suffers from HIV was rendered as a partial reason for the man’s ability to heal. The jury agreed that the man had not taken the necessary precautions and that the dentist was not at fault.

Continue reading " Dentist Declares Carelessness by a Patient Resulted in Infection states a New York Medical Malpractice Lawyer " »

Posted On: April 9, 2010

Baby’s Injuries a Result of Negligence Reports A New York Medical Malpractice Lawyer

When an expectant mother is observed to have meconium in amniotic fluid coupled with the deceleration of the infant’s heart just seven minutes prior to birth, physicians and hospital staff are obviously alerted to potential problems. In this case, a baby was delivered with the umbilical cord wrapped around her neck. This incident was ultimately determined to be the cause of the newborns cerebral palsy.

The mother of the child filed suit against the physician, her practice and the hospital. The mother indicated that the doctor failed to properly manage her delivery and was responsible for the long-term problems that her child faces. New York Medical Malpractice Lawyers were able to negotiate a pretrial settlement but the case against the hospital continued on to trial. The newborn and her mother were in danger during the delivery and that the baby was deprived of oxygen for approximately 27 minutes. The lawyers also stated that the babies safety was impaired by the presence of thick meconium-stained amniotic fluid in her trachea and that a competent resuscitative neonatologist did not arrive for another fifteen minutes thus leaving the baby unable to breathe independently for over 20 minutes.

A New York Medical Malpractice Lawyer also detailed the events after the birth stating that neonatal nurse and physician’s assistant were not even requested until after the newborn’s post-delivery state was confirmed. In most cases, these individuals would have been asked to report to the delivery room earlier so they can be prepared at the actual time of birth. In addition to the tardiness of the individuals, the lawyers for this mother and child indicated that once the emergency team arrived, they were not adequately trained t perform advanced resuscitative procedures. The report states that neither the nurse nor the assistant had ever suction or intubated a patient in the trachea below the vocal cords.

At the end of the day, the defense argued that the mother and baby were properly treated and that any injuries had occurred prior to birth. However, the jury returned with a verdict against the hospital staff for departing from the accepted standard of medical care. The damages totaled over forty-three million dollars.

Continue reading " Baby’s Injuries a Result of Negligence Reports A New York Medical Malpractice Lawyer " »

Posted On: April 7, 2010

Baby Suffers at the Hands of Doctor Reports a New York Malpractice Lawyer

Yajaira Vivar was born in 2001. He was born with the assistance of an OB/GYN from St. Bamabas Hospital in the Bronx. That’s not too unusual of a story to hear. However, the story here involves a delivery that lasted a short sixty seconds but the child was in danger when the physicians discovered that the labor had resulted in dystocia. This is a simple condition where the mother’s pubic bone traps one of the baby’s shoulders.

Because of the dystocia, the doctors applied pressure and then used two generally accepted procedures, the McRoberts maneuver and a Wood’s corkscrew maneuver. Ultimately the baby suffered an injury of her brachial plexus, which comprises the nerves that move the arms and shoulders. Yajaira suffers from Erb’ palsy which is paralysis of muscles and nerves of an arm. The mother sued the two obstetricians who were handled the delivery. Her case as presented by a New York Medical Malpractice Lawyer basically indicated that the physicians failed to properly perform the delivery and thus malpractice was an issue and the doctor’s were deemed liable for these actins.

Once the trial ended in court, New York Medical Malpractice Lawyers indicated that the baby’s injury was caused by extensive stretching of the cervical vertebrae and the brachial plexus. The mother’s obstetrics expert also indicated that extensive pressure would cause such an injury. The jury was informed that only one doctor could be found liable. The hospital indicated that thee two doctors were not employees of the hospital and asked for a dismissal. The hospital’s request was granted and the trial proceeded against the physicians. The physicians indicated that the situation revolving around the child’s birth was a time-sensitive one which called for a quick response. The doctor’s testified and in the end, they provide conflicting accounts of which doctor performed the maneuver.
In the end, the parties negotiated a settlement for $1,875,000.

Continue reading " Baby Suffers at the Hands of Doctor Reports a New York Malpractice Lawyer " »

Posted On: April 6, 2010

At-risk Mom blamed for preemies health defects reports a New York Medical Malpractice Lawyer

A set of twins born was born prematurely due to a massive hemorrhage that their mother sustained while hospitalized. The mother of the twins had suffered from placenta previa, which is an abnormal position of the placenta. In such cases, the placenta can detach causing severe bleeding which demands that premature delivery of the fetus or fetuses occurs. In this situation, the mother was walking to the restroom when the detachment and subsequent hemorrhaging occurred. A New York Medical Malpractice Lawyer can help you if you find yourself in a situation regarding injuries sustained during childbirth.

In this case, when the hospital was faced with a suit by the mother that hospital employees failed to act responsibly, the hospital accepted the responsibility of the action of their employees and the case went to a jury trial. During the trial, a New York Medical Malpractice Lawyer claimed that the staff was aware that the mother had been treated for minor instances of uterine bleeding and that she also had uterine bleeding during this particular hospital visit. The basic treatment is to prolong the infant’s time in the womb by immobilizing the mother. This mother had also been given a laxative prior to the massive bleeding that occurred when she tried to walk to the restroom. The lawyers indicated that the staff should not have allowed the mother to get out of bed.

New York Injury Lawyers were met with the defense that the bed rails were up on the bed and that the bleeding was most likely the result of sex, which the mother had prior to entering the hospital. The mother sued for damages past and future pain and suffering that the children may endure. The defense stood strong regarding some of the limitations of the children and that the child does not thoroughly participate in the rehabilitation that she has been prescribed. The jury rendered a decision of approximately twenty-four million dollars to the mother and children noting that the hospital staff departed from the accepted medical standards.

Continue reading " At-risk Mom blamed for preemies health defects reports a New York Medical Malpractice Lawyer " »

Posted On: April 1, 2010

FAMILY THAT BELIEVES THAT SURGEONS WITHOUT PROPER CREDENTIALS PERFORMED PROCEDURE WITHOUT OBTAINING CONSENT SEEKS ASSISTANCE FROM NEW YORK MEDICAL MALPRACTICE LAWYER

A woman with a history of heart disease died shortly after undergoing heart surgery; her family believed that the surgeons did not have the credentials to perform the procedure, and that, in addition, did not adequately inform them as to the nature of the procedure. The woman was seventy years old, and had a history of heart disease. She had had two mitral valve surgeries. During one of those surgeries, her mitral valve was replaced with a metal valve. Then, she suffered a stroke. At that point, she was admitted to Maimonides Medical Center. At Maimonides, it was discovered that the woman had a clot on the metal valve. The clot required surgery because it presented a danger of breaking off and blocking an entire blood vessel. At that point, two surgeons were selected to perform the surgery. The woman was transferred to Downstate Medical Center, and the surgeons performed the procedure. The problem was that the surgeons used a new technology, called heartport. (Heartport is used as an alternative to the more traditional aortal clamp.)
The woman never recovered from this final surgery. She never regained consciousness, and died five days later of a severe anoxic injury to her brain. The woman’s family believed that the surgeons did not have the proper credentials to use heartport. They also believed that the surgeons did not explain the heartport technology to them before using it during the procedure. Ultimately, the court found that the surgeons did not disclose the material risks, benefits, and alternatives in a way that a reasonable surgeon under similar circumstances would have disclosed them. Then, the court found that a reasonably prudent family in the position of the woman’s family would not have consented to the surgery if they had been fully informed.
If you or a family member has suffered harm because of a lack of informed consent about a procedure, or because of any other act of medical malpractice, you may need a New York medical malpractice lawyer. The lawyers and Bilkis & Associates are ready to assist you in evaluating your claim, and getting you all of the damages you are entitled to under the law. The firm has offices in the Bronx, as well as Manhattan, Brooklyn, Queens, and Nassau and Suffolk counties. For a free consultation with a New York Medical Malpractice Lawyer, call us at 1-800-NYNY-LAW (1-800-696-9529).

Continue reading " FAMILY THAT BELIEVES THAT SURGEONS WITHOUT PROPER CREDENTIALS PERFORMED PROCEDURE WITHOUT OBTAINING CONSENT SEEKS ASSISTANCE FROM NEW YORK MEDICAL MALPRACTICE LAWYER " »