New York Medical Malpractice Lawyer Blog

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" »

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" »

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" »