New York Medical Malpractice Lawyer Blog

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.

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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.

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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.

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