New York Medical Malpractice Lawyer Blog

A 54 year old woman has had her life turned upside down as a result of poor medical care. Just five years ago she was an active person who spent time riding horses and playing sports. Now she cannot walk without a cane and gets tired very easily.

As a direct result of the mistakes which were made she is missing a finger and two toes. She also cannot use her right arm at all.

The patient alleges that almost all of her injuries are caused because of medical malpractice and errors. The New York Medical Malpractice Lawyer indicated that she has already had to pay out $200,000 in medical fees to pay for the treatment which caused the problem.

The patient was a very successful business person. With 6 children, she had a very busy and hectic lifestyle. The New York Medical Malpractice Lawyer remarked that she played soccer every week, taught kickboxing, and regularly rode horses. This surgery has made it impossible for her to continue earning money in the same way.

According to the report, the patient was dog sitting her friend’s pets. She noticed that the one dog had a stomach upset and was producing strange stools. After a few days she noticed that she was also suffering from the same symptoms. She thought that this would go away by itself, but visited her doctor when the condition was persisting and she was losing weight.

The doctor did not listen to her properly and she said that there is no way a parasite from the dog could be passed onto a human. The doctor prescribed antibiotics to treat a suspected bacterial infection.

She was also placed on a drug used to thin the blood and a number of diagnostic treatments were used to try and determine where she as bleeding from. She remained taking the blood thinning drug for three months, and then she experienced hematomas – a side effect of the drug. This meant that she was bleeding under the skin.

In 2007 the patient underwent surgery as the doctor believed that the Coumadin did not cause the hematomas, but instead it was due to vacuities. The medical team also used a machine to prevent the blood clotting. This, the patient argues is what put her life in even more danger as they should not be used by someone in her condition. The patient told doctors that something wasn’t right and that it was hurting.

Attorneys in New York City and Queens bring these suits on a consistent basis as this type of malpractice is common.

Her right foot turned blue as a result of the machine that she was strapped to. Her cries for help did not draw any attention. Eventually the doctor noticed that something was wrong. The machine was switched off, but by this time the damage had been done.

The patient was unable to get out of bed for several months and still experiences pain. This means that she needs to walk with a stick all the time.

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A New York medical malpractice lawyer was able to move a case forward on behalf of a woman whose doctor did not appropriately follow up after she consulted him regarding a tumor in her breast. The problem began when the woman detected a mass in her right breast during a self-exam. She consulted the defendant doctor, who both examined her and had a mammogram performed. The mammogram was inconclusive, but the exam revealed, in the words of the doctor, that there was “something there.” Specifically, the doctor realized that the tumor had grown quickly, but concluded based on the mammogram that cancer was unlikely. Nonetheless, the doctor recommended that a biopsy be performed immediately. The woman had the biopsy performed by a specialist, who called the woman’s doctor and recommended that the lump be removed. Unfortunately, this was never communicated to the woman, nor was she advised to come in for a follow-up exam. Doctors in New York City and Queens must be on the lookout for this type of situation which can turn into malpractice.
Subsequently, the woman noticed that the lump was becoming more visible and changing shape. She went back to the doctor, and had a second examination, a mammogram, and a sonogram. Based on these test, the doctor changed his mind and concluded that she “probably” had cancer. A second biopsy was performed, and this time the woman was advised that she had “invasive cancer.” Unfortunately, by this time eleven months had transpired, and the woman’s conditioned had worsened.
The court ultimately allowed a case against the doctor to go forward because of the lack of appropriate follow-up care. The court focused on the “layperson’s report” – the report that the doctor gave his patient – and noted that the report did not indicate that the lump was suspicious or possibly malignant, did not indicate that other examinations were necessary, and did not check boxes for further consultations, surgical or otherwise.

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This is an unusual case and it may yet have another outcome at a later date. Suffice it to say that the court’s decision is being questioned and an appeal will be filed, said the New York Medical Malpractice Lawyer.
The plaintiffs in this case lost their suit against the defendant; a case in which the lawsuit alleged that the defendant’s medications made a man kill his wife. This med mal lawsuit was filed by the financial representative of the children in this case and it named a doctor and nurse at a local medical clinic.
The ruling indicated that the children were not patients at the clinic and because they were not patients, they could not file a lawsuit for medical malpractice. In other words, they could not stand in their father’s shoes.
The facts of the case involved a 38-year old man who shot his wife to death in a local parking lot because he was angry at the amount of money she was asking for support. They were separated, as the wife had learned the husband was having an affair. On trial, the man was sentenced to 20 years to life for aggravated murder with no chance of parole for 26 years.
The lawsuit indicated that the defendant nurse had given the man steroids and other drugs without the approval of the supervising doctor. The defendant stated he would not have killed his wife but for the drugs. That aside, said the New York Medical Malpractice Lawyer, when it comes to med mal cases, the defendant must owe a duty to the plaintiff. In this case, the judge said the defendant doctor and nurse did not have a duty to the plaintiff children. The only person that could file a medical malpractice lawsuit would be the man convicted of murder. Doctors and nurses in Suffolk and Westchester Counties must be very careful in administering medications while a patient is being operated on.

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