New York Medical Malpractice Lawyer Blog

An observer reported that a woman in Carrollton has taken the initiative to file a federal lawsuit for compensation from the U.S. government. The woman alleged that she was not given the correct size implants that she had ordered for her breast implantation. Her lawsuit states that she had wanted a much larger sized implant.

According to the evidence, the woman has alleged to have traveled miles away from home to have the procedure done. It was at that time that she found out that there was a terrible mistake in what she had ordered compared to what she was getting.

The evidence indicates that the woman’s lawsuit is for $150,000 in which the woman is seeking pain and suffering damages, mental agony as well as her travel costs.

It was after her surgery that the woman decided to file this lawsuit as she was probably given advice by an expert in medical malpractice . The woman is not alone in cases of medical malpractice when it comes to surgical operations with breast implants. The media reported the story and many from the public were shocked that this kind of lawsuit would be permitted especially in a Federal jurisdiction. Cases like this are not uncommon in places like this Nassau and Suffolk.

The woman was adamant in getting the amount in settlement that she claimed for. She believed that she was deserving of every cent because of the emotional damage that it had caused her. She felt betrayed by her doctors and felt that the legal system should prevail in her medical malpractice case.

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Who would have thought that going for lipsuction would result in a sudden death? That is what happened in this wrongful death case which resulted in a medical malpractice lawsuit said a New York Medical Malpractice Lawyer.
The 28-year old woman went to see the liposuction center and spoke to the surgeon who indicated her bill would be $8,000 for liposuction on her upper arms and abdomen. Unfortunately, when the surgery was done, the doctor didn’t keep track of how much Lidocaine he used on the patient. His medical assistant could not even remember how many bags of the solution were used.
Additionally, the investigation into this death revealed that the doctor also did not monitor the patient properly or check on the amount of nitrous oxide used explained the case investigator. When the operation was done, the doctor left the clinic and didn’t check to see if the patient was stable. She did not get replacement fluids and there was no record of the amount of fat actually removed during the procedure. The only person left in the clinic, was the medical assistant and when no one came to pick the patient up, she was put in a cab, but was not given any contact numbers if she experienced an emergency.
The patient died the next day from acute Lidocaine poisoning and the lawsuit indicated that the ads for the liposuction were deceptive in that they stated it was safe and just about painless reported the NY City Medical Malpractice Lawyer. Neither of those claims was found to be true. The doctor will be facing medical disciplinary action by his state board. He would face the same action in Manhattan and Long Island.

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Medical malpractice cases are costing doctors and hospitals millions of dollars every year. A New York Medical Malpractice Lawyer explains that this is making it much less desirable to become a doctor in the first place. Many doctors will also leave states which have high cases of medical malpractice cases because of the high costs.

The doctor says that people have been trying to revise the healthcare malpractice cases for a very long time. Around 30 years ago a Law professor suggested a series of alternatives which could be used to manage the liability of medical providers.

The idea proposed by the lecturer was liability by contract. This was a much safer condition for patients and doctors alike. The liability by contract should work by deciding exactly what will happen if there are any problems with the treatment before anything begins. This means that it will be much easier to resolve the cases.

This is a very common feature of many other types of contracts and relationships. However, when it comes to the medical industry this type of contract is never heard of. By mentioning dispute resolution procedures in the contract it would be much easier to manage any problems as and when they arrive. Cosmetic surgery is the cause of many malpractice suits.

The New York Medical Malpractice Lawyer mentions that hospitals have tried similar things in the past. They have asked many patients to sign disclaimers which waved the patients right to sue the hospital if anything went wrong. However, these were said to be worthless because judges frequently dismissed them from court. The basis for dismissing these was because the judges decided they were not informed about what they were signing.

People have suggested voluntary contracts which doctors and hospitals can decide whether or not to use. These no fault contracts will allow families and patients to be compensated for deaths and injuries. Lawyers and doctors in Brooklyn and The Bronx have discussed these no fault contracts for some time.

At the moment, if a person feels that they have had poor medical treatment and want to get compensation then they will have to sue them and file a case in court. However, by implementing these contracts it will be much easier for people to get the compensation if they deserve it.

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