New York Medical Malpractice Lawyer Blog

In the initial case, the jury found for the plaintiff in the amount of $1 million, citing the negligence of the hospital and doctors in the stillborn birth of a baby. The hospital appealed, said the report, and their findings were that it was okay to have amended the original complaint, that negligence was not the direct cause of the baby’s death was not inconsistent or against the evidence, that there was medical malpractice by the hospital, that the doctor did not actually treat the mother and that reducing the damages was not warranted.

The plaintiff alleged that when she went to the hospital in the 32nd week of her pregnancy with abdominal pains that she was not properly assessed or treated. The lack of proper care resulted in the woman having her baby at home without medical help. The baby presented feet first and died of asphyxia due to the head being stuck in the birth canal. The mother’s claim indicated that she suffered terrible emotional pain because of this situation, indicated the source.

Medical malpractice in hospitals is not unusual in Queens and Staten Island. With the amount of traffic they have to deal with there are bound to be mistakes. Sometimes things become so busy and hectic it's hard to keep things under control. The hospitals try to control things but sometimes it just can't be done.

At trial there was an argument over whether or not the baby was born dead or alive, as it made a difference in how the court arrived at its judgment. The court stood by 2004 ruling in a similar case and indicated that even in the absence of an injury, med mal resulting in a stillbirth or miscarriage is a violation of the duty of care to the mother and will mean she is entitled to damages for emotional distress, explained the court.

The patient of a Harbor-UCLA Medical Center who alleged a medical malpractice charge after a blood vessel wall was punctured has been granted a $1.175 million dollar settlement. The Los Angeles County Board of Supervisors approved the $1.175-million dollar settlement after a catheter tip inadvertently punctured a blood vessel in the patient.

The patient was treated at Harbor-UCLA Medical Center near Torrance after a motor vehicle accident that took place in late 2008, according to a source. While she was being examined and diagnosed, a blood vessel was injured when a catheter was used. Although the county states that the injury caused complications, the patient was treated promptly and was discharged to go home a few days later, stated a doctor. There were no other descriptions of the injury available at the time of this publication. No description was given as to where the injury was sustained, or what the complications following the injury entitled.

County officials believe that they carried out treatment properly and that they responded to the injury properly. However, they are hampered in court proceedings by a doctrine entitled “Res Ipsa Loquitur.” This doctrine states that an entity is presumed not at fault if they had exclusive control of the situation was causes the injury. Even if there is no evidence of an act of negligence, there would be no accident if there was no negligence, stated an expert. Basically, someone has to be at fault, and be held accountable for the injury; even though the County believes they handled everything correctly.

Doctors and hospitals in Manhattan and Staten Island are studying this case.

Continue reading "A Harbor-UCLA Patient Receives $1.175 Million Settlement, states New York Medical Malpractice Lawyer " »

A $1.175 million medical malpractice settlement between Los Angeles County and a patient of Harbor-UCLA Medical Center has been reached. The patient of the Harbor-UCLA Medical Center suffered a punctured blood vessel.

The claim took place after the patient, a minor at the time, received treatment at the Harbor-UCLA Medical Center in November of 2008 for injuries she sustained following an automobile accident, tells a reporter. Her guardian filed the claim.

According to the word received, a catheter tip that was being inserted into the patient accidentally punctured a blood vessel wall. This medical mistake caused the patient undisclosed further medical complications, and she was treated and released several days later. No further information was available pertaining to any medical problems that may have arisen from the medical accident.

The malpractice lawsuit was filed on June 3rd, 2009 in the Los Angeles Superior Court. A rep says the lawsuit accused the county-run hospital of negligence. On January 4th, the Los Angeles County Board of Supervisors approved the settlement of the case.

County officials in Nassau and Suffolk stated that they could not successfully fight the claim because of the Res Ipsa Loquitur doctrine, which states that the person is presumed at fault even if there is no evidence of negligence, as long as they were in control of whatever it was that caused the injury. As a result of this settlement, the nursing staff at the Harbor-UCLA Medical Center has undergone catheter re-education.

Continue reading "Los Angeles Medical Malpractice Lawsuit Settled " »

A man has filed a lawsuit against Teton Valley Hospital, stating that their lack of care and medical errors resulted in the death of his wife. He reported to doctors that there were numerous errors and omissions which caused her demise. He also alleges that the hospital and its associates are guilty of racketeering and falsifying medical documents and records.

The man has also accused a physician of not performing an adequate autopsy and failing to properly preserve some of the viable organs. The certificate of death was also allegedly inaccurate. The suit has been filed in federal court and seeks to recover over $35 million in damages. The hospital and affiliates have declined to comment to attorney.

The lawsuit not only blames physicians and hospital staff for the death of the woman, but claims that their actions were torturous and deliberately indifferent. It has not been indicated why the woman was initially hospitalized at the Teton Valley Hospital. There are several parties named in the lawsuit, including doctors, nurses, facilities, and other medical groups. Hospitals in Brooklyn and The Bronx try to prevent these mistakes.

A lawsuit is the only course of action when a loved one has suffered at the hand of someone else. Physicians and medical staff are held to an especially higher standard when caring for our friends and loved ones. Medical malpractice and wrongful death are serious issues. Substandard and inadequate medical care should not be accepted. It is not clear how long this case is expected to take for resolution.

Continue reading "Widower files suit against hospital for death of wife" »

A report shares how the unfortunate incident of a 17 year old lady’s tragic death due sparked the discussion between law makers, patient advocate groups and Congress about lifting caps for medical malpractice damages.

Many lawmakers, according to the report, are trying to cut down on the cost of health care and one of the ways that they deem necessary to accomplish this task is to put a cap on medical malpractice cases. The lawmakers and groups of physicians seem to agree that if a cap is not put on such medical malpractice cases, it will result in unnecessary lawsuits.

However, the expert along with families of the patients disagrees with this stance. They feel that doctors and hospitals should be held accountable for their negligence.

The hospital where the death of this young woman occurred were quick to note that they were sad about her death and indicated that they have worked to conduct an intensive investigation that would give definitive answers about her death. Hospitals in Manhattan and Queens also strive to eliminate mistakes like this.

One hospital official said, “We take pride in our policy of informing the family and the patient about their care and the treatment that we provide.”

However, this young lady’s family has decided to take it into the court system so that they can have some closure about what happened to their daughter. The young lady’s parents had to cut through so much red tape to get the answers that they required.

Continue reading "Lifting caps for Medical Malpractice Cases " »

In a civil court in the country of Cambria, a man received an award of over $633K to compensate him in a medical malpractice case, according to a report. The man claimed that the care that he received was negligent and as a result he had to have his right leg amputated.

The man sought the help of a good medical malpractice lawyer who filed the lawsuit on behalf of his client against the doctors that he claimed committed this act against him. The source was quick to agree that the man did have a legitimate claim.

The case went before a jury that took two and a half days to deliberate the case and come to a desirable verdict for the man and his wife. They agreed with the man and the report that the man received unsatisfactory care that was definitely below the standard of medicine.

Of course, according to the expert, the defendants in question took the imitative to appeal the case. Hospitals in Nassau and Suffolk try to avoid these situations.

According to news report, the man went to the doctor with an extensive medical account of vascular disease after he felt excruciating pain in his right leg. The man was sent to another Medical Center where he became a patient and was care for by two other doctors. The man’s lawyer indicated that there was a considerable delay in diagnosing his client and therefore, surgery took a long time, which eventually resulted in the inevitable amputation.

Continue reading "$633K Award offered in malpractice case " »

In the initial case, the jury found for the plaintiff in the amount of $1 million, citing the hospital malpractice and doctors in the stillborn birth of a baby. The hospital appealed and their findings were that it was okay to have amended the original complaint, that negligence was not the direct cause of the baby’s death was not inconsistent or against the evidence, that there was medical malpractice by the hospital, that the doctor did not actually treat the mother and that reducing the damages was not warranted.

The plaintiff alleged that when she went to the hospital in the 32nd week of her pregnancy with abdominal pains that she was not properly assessed or treated. The lack of proper care resulted in the woman having her baby at home without medical help. The baby presented feet first and died of asphyxia due to the head being stuck in the birth canal. The mother’s claim indicated that she suffered terrible emotional pain because of this situation.

At trial there was an argument over whether or not the baby was born dead or alive, as it made a difference in how the court arrived at its judgment. The court stood by 2004 ruling in a similar case and indicated that even in the absence of an injury, med mal in The Bronx and Brooklyn resulting in a stillbirth or miscarriage is a violation of the duty of care to the mother and will mean she is entitled to damages for emotional distress.

Continue reading "Stillborn baby due to medical malpractice wins award of $1million" »

In a system where nearly 98,000 deaths and 1 million injuries each year occur, you would think that there would be some sort of reprimand. In 1999 a study discovered that these deaths and injuries take place in our local hospitals. This study shocked the general public, and has led to the truth about medical care coming out in the open.

In New York, a study was initiated from 2002-2007 that involved 10 state hospitals. Researchers discovered that around 18% of patients were harmed by medical malpractice, and that up to 63.1 percent could have been prevented. According to a New York Medical Malpractice Lawyer, almost 2.4 percent of those medical malpractice accidents were seen to be instrumental in the patient’s deaths.

Most hospital malpractice suits have been brought on the inability of the hospital to ensure that infections avoided. These infections come in various forms, from urinary catheters, lines inserted into veins and arteries to ventilators. Errors in medication are also a leading source of medical malpractice. Medication errors affected 162 of the 2,341 patients studied in a North Carolina project.

Officials in Manhattan and Nassau County are calling for mandatory federal-level reporting to ensure that the hospitals be held more accountable for their mistakes. The accountability program would allow patients to compare safety and other options before picking a caregiver, instead of being in the dark when going in for treatment, explains a NY City Medical Malpractice Lawyer. Only 17 percent of hospitals currently have a computerized system available, even though this simple step could minimize medication errors by 80 percent.

Patients injured in hospital medical malpractice are entitled to compensation for their injuries in most cases. Hospitals may be responsible for medical costs, future medical care, lost wages, and possibly limited pain and suffering.

Continue reading "Medical Malpractice Clients Are Entitled to Compensation" »

When a child was 1 year old he spilled coffee all over himself. Although this would not affect any adult that much, it has completely and irreversibly changed this toddler’s life. He burned over 10 percent of his body and required urgent medical treatment. The toddler was rushed to St Johns Hospital for medical attention.

The accident happened in 2010. Today though, things are much worse. The child is in a near vegetative state due to medical negligence explains a New York Medical Malpractice Lawyer. It is thought that the child was injected with the incorrect types of sedatives which have affected his life forever. The doctors initially started blaming each other over the mix up which led to the wrong injection being given. The boy is just over two years of age and has already spent virtually half of his life so far in hospital. In New York and Queens, hospitals are aware of this case.

The family of the child are devastated that their son has suffered significantly as a result of the mistakes made by doctors. The hospital states that at two he only weighed 7KG. He was unable to see or hear properly at one time; fortunately he has recovered the use of these senses. However, he is unable to identify anyone and is thought to be in a near vegetate state.

The hospital denies all liability for the condition of the child. They released a statement which has since been given to the New York Medical Malpractice Lawyer. In it, the hospital claims that he suffered respiratory problems which required him to be resuscitated. At this time it was discovered he had a brain injury which needed additional treatment.

The infections were controlled using medications. The hospital claims that they were not negligent and have the toddler the very best care that they possibly could. However, the child now has a developmental age of around 15 months which is far less than his real age.

The statement issued by the hospital then mentions that the child has made a recovery. It mentions that he has not had any health problems for three months. The father of the child says that this is outrageous. Because of these mistakes his son is unable live a normal life.

Continue reading "Sons Life Affected by Medical Negligence" »

A stay in the hospital can be an emotional and traumatic experience for most anyone. This is especially true when you or someone you love must be continually monitored due to an illness or injury. A New York Medical Malpractice Attorney also claims that their very lives often depend on the monitoring equipment being fully functional, and on hospital staff paying close attention to any indications that something may be happening that will require their attention to be focused on the patient.
All have learned that the best-case scenario of when an alarm sounds from a medical monitoring device, it may by ignored by medical personnel. There are also cases that have been reported of these life-saving alarms may not be sounded at all. Some recent reports in the investigative media have specified more than a few problems with this life-saving system--Problems that have cost some people their lives, and has forever altered others.
Sources have told a NY Medical Malpractice Attorney that when these alarms are ignored by hospital staff, it may be referred to as “alarm fatigue.” Medical personnel are confronted by as many as 1,000 alarms a day, in some cases. That is an astounding number, and while there are many of the alarms that indicate that a patient is in distress, there are also many more of these alarms that are false. Medical personnel are people too, and people tend to become conditioned or desensitized to external stimuli when that stimulus is persistent in its duration. Just to note that some medical equipment emits constant beeps in addition to alarms, which further adds to this desensitization. Hospitals in Westchester County and Staten Island would do well to study this case and make sure they don't suffer the same fate.
Human error is not the only contributing factors to alarm fatigue, however. Medical equipment manufacturers must also bear responsibility and should constantly strive to improve their products in order to reduce, or even better to eliminate, these false alarms.
When medical personnel allow alarm fatigue to set in, thereby allowing them to ignore these kinds of alarms, they are negligent in the performance of their duties and should be held accountable. These persons are charged with the safety and well-being of those who are at least temporarily unable to care for themselves, and are held to a higher standard of ethical and legal conduct.

Continue reading "When Hospital Alarms Are Ignored" »

A New York Medical Malpractice Lawyer explains that a lawsuit is taking place against a Chinese hospital due to a medically necessary procedure experiencing extreme delays. The lawsuit is being brought against the hospital by the girl’s father. The father says that the delay in the procedure caused further damage to his daughter’s health and mental abilities.
The girl was under medical care because she was experiencing bleeding in the tissue of her brain. Her father says that the hospital she was at should have performed the surgery almost two years sooner than it actually took place. This delay was unreasonable, unnecessary and the cause of the daughter’s current condition. A New York City Malpractice Lawyer explains that in the United States this would certainly be valid grounds for a lawsuit.
The father feels that the Chinese legal system has failed him and not paid enough attention to his complaints; the father has pursued the case through several levels of the justice system. The father says that his accusations of malpractice were ignored, several witnesses were not allowed to testify and that evidence proving that the delays in care were unnecessary and excessive was purposefully destroyed.
The daughter, who was 15-years-old at the time she experience the initial brain hemorrhaging, currently needs fulltime medical attention and help with activities of daily living. The man is suing for damages and, he says, to obtain justice for his daughter, whose future has been destroyed. He would have a much easier time in the U.S. In New York City or Brooklyn, a case like this would not be held up by the government.
Though the man remains doubtful that he will receive a favorable ruling or that the case will even make it a hearing, he continues to pursue the case. The case faces several hurdles. The man is seeking lawsuits against both the hospital and the attending physician. It is unclear at this time what the man hopes to obtain in monetary compensation, or if he hopes to receive any financial benefit at all from the case beyond what he needs to support his daughter.
There were no statements available from the lawyers involved in the case. The Chinese government has also not commented on the case, although there is legislation proposed which would regulate medical malpractice cases.

Continue reading "New York City Medical Malpractice Lawyer Evaluates Chinese Malpractice Case" »

America's healthcare system is under continuous reform and improvement. There have been many debates over the years about reforms which could be used to make the healthcare system much better and more effective.

One of the most controversial issues is that malpractice suits could be increasing our annual healthcare costs, explains a New York Medical Malpractice Lawyer. The debate has to consider the dangers to patient safety, and the doctors wellbeing.

Many people who are trying to reform the medical malpractice lawsuit procedure argue that they are pushing qualified doctors away. Many of these people will also suggest that medical malpractice cases are the main reason why health insurance is rising so steeply. However, this certainly isn't true.

The NYC Medical Malpractice Lawyer explains that the cost of medical malpractice cases only affects a very small proportion of health care costs. This is mainly because these malpractice costs are much less common than many people assume. In 2004 the cost of malpractice cases was under 2% of the total spending on healthcare. This means that the costs of malpractice cases are unlikely to push up insurance costs.

Other people have looked at the topic of medical negligence in more detail. They have suggested that this is costing more because doctors are over-cautious. They order more tests than they require so that they are not liable. Again, this only pushes up health care costs by a very small amount.

Although many hospitals have to deal with a few malpractice cases every year, their profits are always rising. This means that the malpractice claims are not damaging the industry. The profits rose by 56% during 2009. Health insurance companies also made more profit than before, and many Americans found their monthly payments for health insurance actually fell.

Health care is something that is very important to everyone in America. This is why the debates will continue to rage on forever. When looking at the reform topics, it is important to fully understand both sides of the story. This will give you an understanding of the real costs of malpractice cases.

Continue reading "Malpractice Suits are not Increasing Health Care Cots as Much as Some People Imagine" »

A new television ad which has recently started airing on the internet sees a doctor speaking out about a bill which is planned to limit the rights of patients who are injured. The New York Medical Malpractice Lawyer states that this is designed to promote the awareness of medical malpractice claims.

The doctor featured in the ad talks of his wife and how she was disfigured as a result of an operating room fire which could have been prevented. He criticizes senate bill 33 which as the NY City Medical Malpractice Lawyer explains puts a limit on how much people can claim. This is because it treats every malpractice case the same and applies the same limit on all of them.

One version of the ad can be seen on the internet and has also been shown on TV throughout the state. The doctor keeps saying that operating room fires are avoidable. His wife was undergoing a simple outpatient procedure but the fire caused disfigurement. He argues that if the hospital maintained the operating room correctly that these fires should never happen. The senate voted to cut the levels of damages awarded to people who had been disfigured as a result of malpractice.

The doctor gives this story a very emotional and real feel that most people don't experience. Nobody can put a cap on the pain a person experiences and so there should be no level on the amount of compensation that they can receive. Doctors in Westchester and Long island have presented the same case for patients.

There have also been a few other doctors which have spoken negatively about Senate Bill 33. It is suggested by some that the cap will reduce the medical care quality which is given to people in North Carolina.

Both of these doctors show that every case is different and should not be treated the same. Everybody's injuries are unique and they will need to learn the facts about each case and decide the compensation accordingly.

There is a lot of opposition against Senate Bill 33 as it is correctly argued by many people that no two medical malpractice cases are the same. The arbitrary cap which applies to all cases is unfair. People have also shown that the same levels of compensation should not be used for cases which lead to death, disfigurement and emotional distress.

Continue reading "Doctor Speaks Out Against Medical Malpractice Bill" »

A medical malpractice case was filed against a hospital in Connecticut for not preventing a patient from committing suicide. The case went to court and a jury ruled that the hospital was not liable. However, an appeal has decided to throw the jury verdict out.

The New York Medical Malpractice Attorney handling the case explains that the reason the Jury's verdict is being ignored is because the verdict could have been biased. The judge failed to ask the jury whether or not they read a newspaper article relating to the case, and whether or not it affected their opinions.

The newspaper article was published a few weeks before the start of the trial. It is believed that many of the members of the jury read this. It could have quite easily influenced their opinion. Hospitals all over in places like Staten Island and The Bronx must protect themselves against law suits like this one.

All of this then leads the court to order a re-trial in the malpractice suit. The NYC Medical Malpractice Lawyer explains that the woman was being treated at the Psychiatric hospital in 2002 for depression. The 41 year old patient died shortly after being admitted as she hung herself.

The Silver Hill Hospital is well known because it is so popular with many celebrities and has an excellent reputation.

The jury originally found that the hospital and doctor were not liable because they were not negligent. However, a public ruling recently said that the judge should of asked whether or not the members of the jury read the article.

While the article was not accurate in all of the details, the appeals court argued that it could affect a persona emotions relating to the case. The New York Medical Malpractice Lawyer says that this is a valid case for a retrial.

The executor of the diseased patient’s estate said that he was happy with the ruling as it mad their case much stronger. The argument is whether the jury members will still be fair even after reading the article.

The lawyer for the hospital said that it was very likely the hospital would appeal the case. The hospital is sure that the article did not cause any bias because much of the content was mentioned in the trial proceedings.

Continue reading "Jury's Verdict in Suicide Case Ignored in Case" »

A New York Medical Malpractice Lawyer explains that a court ordered a new malpractice trial against Silver Hill Hospital on Monday. The reason for this is because the judge did not ask the jurors whether they read the newspaper story and were influenced by it. This meant that the verdict of the jury was less reliable.

The New York Medical Malpractice Lawyer explains that the original suit was filed against the psychiatrist and the hospital when a middle aged woman died. The patient committed suicide by hanging herself at the medical facility where she was undergoing treatment. She was being treated for a personality disorder and clinical depression.

The Silver Hill Hospital is a very well-known medical facility which has been open for over 80 years. Many famous people have visited the center for psychiatric treatment over the years and it has a very good reputation.

The estate of the diseased lady filed the suit. When the jury found that the hospital was not liable, the executor of the estate appealed the verdict. This was because it was possible that the verdict of the jury was compromised by the newspaper article.

The appeal was based on the fact that the judge did not follow the request of asking whether jurors had read the New York Times story which was related to the case. This could have influenced them which is the reason why the courts verdict was thrown out explains the New York Medical Malpractice Lawyer

It is expected that the attorney for Silver Hill hospital will appeal the ruling next week. The hospitals lawyers disagree with the ruling and will be filing a new suit early in the week. Hospitals in Suffolk County, Long Island have their own attorneys to defend cases like this.

The newspaper story was published a few weeks before various pieces of evidence were found. The story could of quite easily influenced the opinions of the members of the jury.

The doctor who admitted the patient to the hospital ordered that the bathroom door was locked because of suicide attempts on previous occasions. The next day supervision was reduced and the bathroom unlocked. The patient hung herself over the bathroom door.

Continue reading "New Trial against Silver Hill Hospital Ordered by Court" »