New York Medical Malpractice Lawyer Blog

A 31 year old woman diagnosed with cancer has recently been awarded compensation for medical negligence as indicated by a judge. The suit was filed against NHS healthcare trusts for failing to screen the cancer test successfully. This has been a very high profile case which has drawn attention from all around the world.

The patient alleges that the hospital trusts in Glasgow and Clyde made mistakes when the smear test report was analyzed. She attended regular smear tests, and in 2005 one showed no signs of cancer at any stage. However, in 2008 another smear test was conducted in Geneva which showed the patient was suffering from cervix cancer.

The cervix cancer was at a very advanced stage. This means that the test in 2005 should have shown the early signs of cancer. If it was detected at this stage then the treatment options would have been much less complicated and invasive. The delay in detecting and treating the cancer also exposed the patient to a risk of the cancer spreading; fortunately in this case it doesn’t seem to of happened.

The patient blamed the NHS trust for not correctly identifying the cancer and starting treatment. She filed a claim for £5 million in compensation for the mistake explains the report.

The NHS trust in the area is thought to of admitted the medical mistake. It is thought that if the cancer was found earlier on then it would have been much easier to treat the cancer. This means that she would not need a complete hysterectomy to remove the cancerous growth. This blunder has been a nightmare for the patient who now requires regular medical checkup to ensure she is not suffering from cancer. It would be a nightmare for hospitals in Queens and Staten Island if this happened to them.

Although the £5 million compensation was not offered, the patient was offered an interim compensation of £150,000. This is to help her continue with her radiology treatment due to a lack of finances. After this round of treatment then it is expected that the case will continue until a final amount of compensation is agreed.

Continue reading "Cancer Patient Awarded Compensation for Negligence" »

An eighteen year old girl has suffered all her life due to a doctor’s negligence, and finally will receive some recompense. Her doctor has been ordered to pay the family three million dollars for the injuries he caused. The young girl has many health issues, including cerebral palsy, explains an expert . The money will cover past, present, and future medical expenses that the family will incur, as well as pain and suffering and rehabilitation.

When the girl’s mother went into labor, the doctor was called to the hospital to perform a Caesarian Section. It took the physician three to four hours to respond to the call and start surgery. This delay, believes experts and friends, is what caused the problems that the girl has faced for 18 years. The compression of the umbilical cord resulted in “fetal asphyxia”. It is against hospital policy for the doctor and the midwife to be off the premises for several hours at the same time. One should have remained at the hospital. The midwife was also charged and brought to trial, but found not responsible for the malpractice injuries the girl suffered.

The physician claims that the mother’s obesity or genetics are to blame for her daughter’s condition, but the jury found otherwise. According to court documents, the doctor found no signs of umbilical cord compression. The physician and his attorney refused to comment to a reporter about the verdict. The doctor’s malpractice insurance will cover $2 million, and he will most likely be responsible for the remainder. Hospitals in New York City and Westchester are studying this case.

Continue reading "$3 million settlement ordered in medical malpractice case" »

Is too much money being spent on dying patients? 60 Minutes on the CBS News recently aired a segment called "The Cost of Dying," which was a breakdown of events that happen with patients in hospitals in the Intensive Care Units and the high costs associated with keeping them alive, said a new study.

75% of our nation’s deaths occur in hospitals, and it was estimated on the show that patient’s lives are prolonged in some cases for up to $10,000 per day and that in America the last two months of patient’s lives is costing Medicare $55 billion. According to a report, this might be unnecessary 30% of the time.

In one of the cases mentioned on the show, 25 additional doctors were called in as consultants on a dying 80 year old woman. Each doctor received $100 or more for five minutes of their time, said a representative, and added that Medical Insurance Companies make it difficult for these doctors to do much else.

Doctors are increasingly fearful of medical malpractice lawsuits for misdiagnosis so they are calling in as many other consultants as they can to share the blame if something should go wrong or is overlooked. Studies speculate that this problem isn’t going away anytime soon. Hospitals in Nassau and Suffolk are aware of this study.

Many doctors are simply doing what they can to stay afloat and as a result are billing Medicare for as much as possible, because they can. Experts call this a sad situation that isn’t getting any better.

Continue reading "Health care remains a problem due to fear" »

A man shared information about a civil trial of a woman who says that she was wrongfully committed to a psychiatric institution after she vented angrily about how she felt about her church’s pastor.

The woman hired a medical malpractice lawsuit and sued the psychiatric hospital along with other staff members. The woman has claimed that the psychiatrists did not follow the acceptable standards of psychiatric care as she was committed to their institution without her consent and was held there for ten days.

However, the hospital’s attorney is defending the medical malpractice because their defense is that they had every reason to believe that the woman was a danger to society at the time. A source reported, the woman had been volunteering at the church as a treasurer and after a while, she turned against the pastor of the church. The woman asked if she could speak to a psychiatrist because she felt that the pastor was not making it easy for her to do her work. According to the report, the woman talked about killing the pastor and that is what got her taken away to the psychiatric ward.

Although, she used those words, the woman claimed that she would not have carried out the threat. The woman testified in court that she was not a threat to society, but the defendant’s lawyer said that the woman would come to the church even after her working hours to harass the pastor. Hospitals in Manhattan and Long Island face these situations all the time.

A souce indicated that the pastor felt as if his life was in danger and may have had reason to feel threatened.

Continue reading "Woman committed to pysch ward by mistake " »

A reporter was quick to point out that a Federal Judge permitted a legal motion to add a medical malpractice claim to one filed against the country Sheriff, the county and other jailers of a wrongful death case.

“The Judge made her ruling and granted permission for changes to the filed complaint,” said a media representative to an advocate .

The defendant’s sister filed a lawsuit against the county Sheriff, the jail nurse and the county for a wrongful death claim. The defendant died at a hospital after he suffered a heart attack in jail where he was incarcerated. The sister of the defendant felt that her brother was misdiagnosed and did not receive the medical care that he should to save his life.

An expert who deals with cases like this in Staten Island and Westchester agrees that the defendant’s family has every right to seek full retribution for the brother’s wrongful death. Apparently, the county was in opposition of the motion that the Judge permitted, but they were quick to withdraw their resistance when the sister of the defendant filed a modified complaint and a sworn statement supplementing what she had already submitted.

The modified claim suggested that the jail nurse was in violation of the appropriate medical standard of treatment by not allowing the deceased to do a follow up doctor’s visit when his condition began to deteriorate. The claim also added that it was the County that was responsible for the way that the nurse behaved. Of course, the County has denied such claims.

Continue reading "Medical Malpractice added to wrongful death case" »

Laws that have been in place since 2003 in West Virginia are now coming under attack. In 1986 lawmakers approved a cap of $1 million in awards made by juries in medical malpractice cases. The $1 million limit was only on non-economic damages, which left juries the ability to award other malpractice funds when damages could be proved. According to a New York Medical Malpractice Lawyer, in 2003 lawmakers in the state went further and placed a $250,000 cap on non-economic damages, unless death, permanent disability or the loss of limbs were involved, and then the cap was $500,000.

In both 1991 and 2001, Justices of the West Virginia Supreme Court upheld the $1 million cap. Now, however, the lower cap is being appealed because of a lawsuit involving the City Hospital of Martinsburg and a physician at that hospital.

A Spokesperson stated that in the case, the jury has found negligence was involved while treating the plaintiff or misdiagnosis, however, the jury has award the plaintiff an amount exceeding the cap by over $1 million.

High Court Justices in places like Nassau and Suffolk Counties must now decide whether the jury’s award should be overturned, or whether it should stand. Higher awards (or an overturn of the cap all together) could cause medical malpractice insurance to rise. This rise could cause doctors to not be able to practice medicine in the state, something that took place before the original cap in 1986, reported a Medical Malpractice Lawyer from NYC. This review of medical malpractice caps comes on the brink of a national review as called for by President Obama.

Continue reading "West Virginia Medical Malpractice Lawsuit Laws in Jeopardy" »

In what could be regarded as a terrible scam, a national eye center chain was operating on bad candidates; people that should never have eye surgery of that kind in the first place. They also went to great lengths to cover up what they were doing, explained the New York Medical Malpractice Lawyer.
One man who was a victim of this brand of medical malpractice had his eye surgery done and was, at first, very pleased with the results. He did notice a difference and was seeing better. However, things got worse as time went by and he can no longer see out of the eye that was operated on. In fact, the man is now legally blind in his one eye. His remaining eye is also giving out on him.
He did sign a waiver to have the surgery done, but, later discovered that he had a condition referred to as keratoconus; a condition that is not operable and the eye clinic should have never touched his eyes. They definitely knew better. As the rest of the information on this scam unfolded, it was revealed that the center made it a habit to target bad candidates with pre-existing conditions.
The patients, some ing Nassau and Suffolk Counties, were never told they were not good candidates for this particular type of surgery. Despite that, doctors at over 30 locations nationwide went ahead and did the operations. The magnitude of this cover up just boggles the mind. The frightening thing is that there may be more people out there that had eye surgery that should never have been performed, that may be at risk to lose their eyesight, said the Medical Malpractice Lawyer from New York.

Continue reading "Medical Malpractice Suits Filed for Eye Surgery that should not have been Performed" »

They had hoped that science could give them what nature had denied: children. The couple was in their mid thirties and late fifties respectively and after years of trying to conceive naturally they turned to their local hospital in a last ditch effort to find the love and joy that a child brings. Their doctor recommended in vitro fertilization, a procedure by which eggs are extracted from the mother to be, fertilized by the father to be's sperm, and then implanted in the mother, said a New York Medical Malpractice Lawyer. The desperate couple agreed and underwent the treatment.

In total, 16 of 18 eggs were successfully fertilized. A month after the procedure two of the eggs were implanted in the woman. It did not work and the children did not come to term. Two months after that they tried again and again fate's cruel hand denied them the gift of life. Their frustrations grew as the couple found themselves without child. They finally decided that they had had enough and were going to try a different doctor. The two contacted their first doctor and were told to arrive at the clinic to pick up the embryos. When they arrived, after being made to wait an hour, they were told that due to a "mix up" their embryos had been destroyed, noted a Lawyer. Hospitals all over, including Nassau and Suffolk Counties, should take note of this situation.

The woman says it felt as if her children had been killed and she has been crying for months. The only explanation the doctor's office can give is that there was some sort of "misunderstanding" said a New York City Medical Malpractice Lawyer. A misunderstanding that has compounded the cruel reality facing the couple. They have now filed suit, alleging medical malpractice of misdiagnosis.

Continue reading "Couple Sees Embryos Destroyed Without Permission, says New York Medical Malpractice Lawyer" »

In what turned out to be a shameful comedy of errors, a misdiagnosis resulted in catastrophic injuries for a 63-year old man.
The 63-year old man presented to a local hospital three years ago needing emergency medical help. After being misdiagnosed at the hospital by the doctors who missed the fact that he’d had a series of strokes and coping with delayed treatment for his cancer, he became legally blind and unable to walk without help. Ultimately, he had to be admitted to a nursing home, as his wife was no longer able to physically care for him, outlined the NY Medical Malpractice Lawyer.
When the couple arrived at the hospital, the husband was given a CT. The doctors felt the results revealed older lesion and sent him home with a diagnosis of vertigo and medicine to take. A follow up MRI indicated he’d had recent strokes. Two weeks after his ER visit, he couldn’t see or talk any longer. Misdiagnosis is something that doctors and hospitals in Nassau and Suffolk Counties must be wary of.
A brain biopsy showed he had intravascular lymphoma (cancer) and he was sent to another hospital for treatment. Unfortunately, the sending hospital did not include his biopsy slides or other medical information when he was transferred and thus treatment was delayed, explained the Lawyer. All in all, this man got the short end of the medical care stick and suffered enormously as a result of the poor care he received.
The former trucker and factory worker’s whole life has been turned upside down as a result of medical malpractice, said the New York Medical Malpractice Lawyer. When this case went to trial, the jury found for the plaintiff in the amount of $2 million. While the award will help care for her husband, it will never make him whole again and he will never be the same person; another loss of a different kind for the family.

Continue reading "$2 million Awarded in Misdiagnosis Case, Indicated A New York Medical Malpractice Lawyer" »

If medical malpractice immunity is instituted in return for treating Medicaid patients, the system would become a shambles, indicated a New York Medical Malpractice Lawyer.
Perhaps this is an idea that may find favor with the general public; a way to treat those who don’t have much in the way of proper medical care. On the surface, this sounds very humanitarian. Deep in the heart of this idea though lies a very real threat. This is also true of things like misdiagnosis which can be a suable offense.
By providing doctors with immunity to lawsuits for treating Medicaid patients, what is to say that they will get the same standard of care someone with health insurance will get? What is to say that the care given to Medicaid patients may not on occasion be substandard and a mere nod to the rules of providing care for immunity from being sued, asked the New York City Medical Malpractice Lawyer
Sovereign immunity is a slap in the face to medical malpractice patients, whether they have health insurance or not or whether they are on Medicare or Medicaid. Should a State give immunity to doctors, the State then becomes the doctor who was negligent.
This means if a patient sues, taxpayers would then be footing the bill for med mal claims, while the doctor gets off scott free. Where is the justice in that? Where is the compassion for victims of a medical professional’s negligence? The very idea is an affront to victims, indicated the Lawyer.
Medical professionals in Long island and Manhattan need to be held accountable for their errors and if they are not held up to scrutiny, then the old saying of “Absolute power corrupts absolutely,” would certainly hold true.

Continue reading "Is Medical Malpractice Immunity in Exchange for Treating Medicaid Patients on the Horizon? " »

After a New York hospital closed, hundreds of people were left out in the cold, says one New York Malpractice Lawyer The hospital, which closed due to having about $1 billion of debt, filed for bankruptcy, which has so far protected it from any lawsuits for malpractice, some of which could give the victim millions in dollars.

According to a New York Malpractice Lawyer, the hospital did have insurance for malpractice, although it may have been underfunded, with only $150 to $250 million left for the families of those who suffered while staying in the hospital. That money, unfortunately, would first have to go to creditors, who would legally have first dibs on the remaining funds, meaning that the roughly 260 people who are currently suing the hospital would end up with nothing, even though some have suffered serious injury or had loved ones die.

One such case involves the family of a woman who died in the hospital due to a misdiagnosis and a faulty defibrillator. Her family sued the hospital and won over $5 million, and not a single dollar has been paid. The family is struggling to get by, and the woman's daughter needs her tuition paid for, which the $5 million would have certainly done. Doctors and Hospitals in The Bronx and Brooklyn have to take note and be on guard.

Continue reading "Bankrupt Hospital still has bills to pay, says New York Malpractice Lawyer" »

This case should never have happened and the awful thing is that the woman the suffered the medical malpractice is unable to sue in the state she lives in. This would never happen in New York, indicated a NYC Medical Malpractice Lawyer
The woman knew that there was a major problem, as she had pains in her legs. She had a history of blood clots and had a filter installed in one of the main veins of her heart. She went to the hospital ER outlined her problem. She was discharged with a diagnosis of bilateral leg pain.
Three days later, her legs were bright red and she called an ambulance and was taken to a different hospital. Evidently, her filter was blocked with blood clots and because she had waited, there was dead tissue in her legs and she was starting to go into kidney failure. Several weeks later when she came out of a coma she discovered both her legs had been amputated to save her.
The woman sought help from an attorney, but in the state where she lives, even though she has a good case, it can’t be pursued due to caps on medical malpractice lawsuits. Her home state passed laws in 2003 that made it even more difficult to sue in “any” health care situation, but more particularly in an ER setting. The med mal cap was set at $250,000 for non-economic damages per health care provider, with a maximum award of $750,000.
In this woman’s case, the $750,000 would barely make a dent in her medical bills and other expenses she is facing for the rest of her life, said the New York Medical Malpractice Lawyer. While her case against the ER doctor is solid, the language in the new law protects ER doctors from misdiagnosis, unless they acted with wanton and willful negligence; a hard thing to prove. The doctor would have to “know” they were putting a patient at risk and still proceed with their diagnosis. There is no room here for simple negligence and the new threshold is virtually impossible to meet. In New York City and Long Island this defense would probably not hold up.

If you have been in a situation like this and have been misdiagnosed by an ER doctor, make your first call to a New York Medical Malpractice Attorney. Do not wait until you feel better, as the Statute of Limitations must be met in cases such as this. Only a New York Medical Malpractice Attorney will be able to obtain equitable compensation for you.

Continue reading "Leg Pain Results in Double Amputation" »

A Brooklyn Woman who had her injuries worsen after her CT scan was misread has been helped by a New York medical malpractice lawyer. The problem arose when the woman went to the Brooklyn Hospital Center suffering from an absence of feelings in her legs, an inability to open her eyes, and a severe headache. She was admitted, and a CT scan was administered. A staff physician at the hospital, however, misread the scan and concluded that it was “normal,” when it was not. Subsequently, after the woman was discharged, the doctor reread the CT scan and realized that is was, in fact, “abnormal.” Despite these new findings, no one at the hospital contacted the woman to tell her about the new reading. In addition, no one at the hospital ever tried to treat the woman based on the new reading.
The woman’s absence of feeling in her legs, inability to open her eyes, and severe headache worsened over the next several weeks. She went to an eye doctor, who diagnosed her as having suffered an aneurysm. She then was admitted to another hospital, and the physicians there performed surgery on her and “clipped” the aneurysm. In The Bronx and Brooklyn, hospitals try to avoid these situations by being aware of the signs of trouble.
At trial, the hospital admitted that the misreading of the CT scan, and its failure to alert the woman to the misreading, were departures from accepted medical practice. The hospital claimed, however, that these departures did not cause the woman any injuries. Ultimately, the court determined that the evidence established not only that the misreading and failure to alert caused the woman injuries, but that the jury had properly awarded her damages in the appropriate amount.

Continue reading "BROOKLYN WOMAN HELPED BY NEW YORK MEDICAL MALPRACTICE LAWYER AFTER CT SCAN MISREAD" »

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.

Continue reading " DOCTOR FAILED TO FOLLOW UP AFTER DETECTING A TUMOR" »

Between the years of 1997 to 2004 a lady attended Reflections Breast Health Center to receive a mammogram every single year. The clinic reviewed all of the mammograms and she was told that they were all normal. A mammogram which was done in 2003 was later reviewed by another doctor.

In the middle of 2004 the woman found that there was a lump in one of her breasts. Her Physician told her to visit the Reflections center again for further diagnostics. The tests discovered that it was highly likely the lump was malignant. The lump doubled in size over one year. A biopsy was conducted and it was shown that it was in fact malignant.

The New York Medical Malpractice Lawyer goes on to say that the patients doctor explained the possible treatment options and that it would probably involve lymph node dissection, radio-therapy and treating with hormones. The doctor wanted to find out how far the cancer had spread by checking nearby lymph nodes.

The patient had the lump removed, chemotherapy treatment, radio-therapy and also started treatments for hormone therapy said the New York Medical Malpractice Lawyer.

The patient then tried to file a claim alleging that the radiology made her injury worse than it was before. In the second claim the patient suggested that the doctor had not performed the routine checkups properly, otherwise the cancer should have been detected sooner. In the final claim the NY Medical Malpractice Lawyer states that the doctor was too slow in diagnosing cancer which allowed it to spread.

The delay in treatment allowed the cancer to become more serious and spread much quicker than it would of done if treated earlier. This also reduced the chances of curing the cancer, it also lead to emotional distress, physical pain, and emotional suffering. It also prevented her from living a normal life. Lawyers in The Bronx and in Queens have brought these kind of cases very often.

The trial found that the case should fail under the medical malpractice regulations in Ohio. This is because the growth of cancer should not be a physical injury which can be compensated. However, a later review of the case found that the patients claims for emotional distress were valid.

Continue reading "Ohio SC reinstates medical malpractice claim" »

Some physicians in the Nevada area are fretting the possibility of the law limiting pay outs for damages on medical malpractice suits, will soon be overturned based on a pending case where a woman wrongfully lost her life and left her family behind, said a N York Medical Malpractice Lawyer.

The woman, who died in 2007, was allegedly incorrectly diagnosed by a doctor and died shortly after. She left behind six children and a husband. The doctors involved in the case admitted no fault. These kinds of cases are often reported in Manhattan and Westchester.

The Nevada Supreme Court is in discussions about the current law regarding damages for pain and suffering, which states, “In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover non-economic damages, but the amount of non-economic damages awarded in such an action must not exceed $350,000.”

A NY Medical Malpractice Lawyer explained that the family’s counsel feels the $350,000 should be awarded to each family member involved in the case, which would bring these damages to $5.6 million. This far exceeds the current $350,000 limit.

In response to this case and it’s possibility for overturning the law, several Medical Associations and Societies have petitioned the Supreme Court asking that the law stay the same.

Doctors fear the changing of the law will limit their ability to practice medicine at all due to the increase costs.

“If I have to double my malpractice insurance because of this lawsuit, I'll probably have to leave town. A lot of doctors will be hurt,” one doctor said.

Continue reading "Doctors are worried over possible increased costs associated with Medical Malpractice Suits reported a New York Medical Malpractice Lawyer" »

Dr. Gilbert Lederman had heavily advertised his medical treatments for cancer on infomercials in Italy. He spoke about his fractionated stereotactic radiosurgery, which is an option for patients who have inoperable cancer. The radiation, received over a period of days, does not cure the cancer, but instead mutates the DNA enough so it cannot hold water cells or reproduce anymore. Guiseppa Bono was one of his patients. She contacted him after seeing his infomercial. She was then screened by Salvatore Conte, and told she was a candidate for treatment. Bono flew from Italy to Staten Island University Hospital, located at 475 Seaview Avenue Staten Island, NY 10305, for treatment. She received radiation treatment from two doctors before leaving to go home to Italy. Sadly, Bono passed away a year later reports a NYC Medical Malpractice Lawyer.
It was later found out that Conte was not a medical doctor, and argued that Lederman should not have been using him to screen potential patients. Lederman is allegedly also claimed to treat George Harrison, as a way to attract clients and boost his own medical reputation. They also claim Lederman never tested to see if she actually had cancer before administering the radiation treatment to Bono. After receiving two treatments, Bono went back to Italy. Unfortunately, she passed away a year later. Evidence suggests that she did not suffer from pancreatic cancer, but from an inflammation of the pancreas. Her family has now filed a lawsuit in Brooklyn Federal Court, located at 225 Cadman Plaza East, Brooklyn NY 11201.

Continue reading "A Staten Island Cancer Specialist has been sued for alleged Medical Malpractice on an Italian Cancer Patient. An NYC Medical Malpractice Lawyer should be consulted." »