New York Medical Malpractice Lawyer Blog

A former patient of David Chao, the Chargers Team doctor, recently received a $2.2 million settlement by an arbitration panel. The panel found Chao negligent when he performed her hip operation in May of 2007. The patient claims that Chao lacerated her femoral artery, vein and nerve, causing chronic pain and a limp.

This is not the first time that Chao, a 46-year old doctor, has been sued in recent months stated a doctor. In 2009 a male patient sued him and other care providers after a knee replacement surgery, which also took place in 2007. The man reported that Chaos carelessness resulted in an amputation of the leg. Scripps Memorial Hospital in La Jolla agreed to a $1.39 million settlement, according to report.

Chao has been sued 20 times since 1998 by various patients, ranging from charges off malpractice to personal injury, fraud, or negligence. At least eight have been settled with payouts to the plaintiffs.

Last year the federal drug enforcement agents searched Chaos office and found an alleged 108 prescriptions that Chao had written for himself. He has also been accused of writing prescriptions for a former Chargers doctor who was dismissed in 1998 for an alleged narcotic addiction. Chao was required to pay a $1,000 fine for his involvement in that case, and his inability to maintain accurate medical records, reports a source.

Chao, who is an orthopedic surgeon, has operated on many professional athletes, has served as the doctor for the USA rugby team, and for the Worldwide Wrestling Entertainment. He has had complaints filed against him for abusing alcohol and unprofessional conduct from two DUI charges. Chao has denied all accusations against himself in the court records. The settlements are not considered admissions of liability for medical malpractice. Hospitals in New York City and Westchester County try to caution their staffs about these mistakes.

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A Topeka Chief Justice ordered on Friday for re-arguments to begin in the Kansas Supreme Court on a highly watched medical malpractice lawsuit to begin on February 18th. The Kansas Supreme Court first heard arguments in this case in October of 2009 and has not issued a decision.

A source disclosed that the case is based on a Eudora woman who went in for surgery to have her right ovary removed in 2002. Instead, the surgeon removed her left ovary. The woman sued for malpractice, and in 2006 the Douglas County jury returned a verdict of $759,680. This award includes medical expenses, non-economic losses and future non-economic losses, future medical expenses, and loss or impairment of services as a spouse. The non-economic losses were awarded for pain, disability, suffering, mental anguish and physical disfigurement.

According to a report, a District Court Judge slashed several of the award amounts because of a Non-economical cap that is in place. The woman’s attorneys claim that this has violated her personal constitutional right to a trial by jury, and infringes on the constitutional authority of the judiciary. Doctors, businesses and companies support the cap, saying that it keeps health care and insurance costs down.

A rep stated that since the case was first heard in the Kansas Supreme Court that changes have been made to the judges who will review the case. One passed away, and one has asked to excuse him from the case, and will be replaced by someone else. The woman has currently not received any compensation from her case. Doctors in Nassau and Suffolk are aware of this case.

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An Ohio mother is suing the Cleveland Clinic for medical malpractice. The mother claims that surgeries performed at the Cleveland Clinic left her infant son severely brain damaged, and ultimately led to his premature death.

The mother has filed the wrongful death complaint against the Cleveland Clinic and the two surgeons who performed the surgeries in 2003 on her son. The surgeries were performed to repair an abnormal vein the base of the boy’s brain. This vein was causing excessive blood flow to his heart. A study stated the surgeons used a surgical device that was specified for adult use on an infant without receiving the mother’s permission.

A doctor explained that glue from the surgical device leaked, seeping into the baby’s brain. This glue then caused a stroke and permanent brain damage. There were no medical reports about the severity of his brain damage, or the lasting effects of it. No other information about his medical condition following surgery was provided. The boy passed away in 2008. The mother filed a wrongful death complaint against the Cleveland Clinic and both surgeons on January 24th.

A spokesperson for the Cleveland Clinic reported that the physicians took every appropriate measure they could to save the child’s life. Unfortunately, according to the Cleveland Clinic, the boy died from complications surrounding his severe underlying medical condition, and not from complications following the surgical procedure. Hospitals and doctors in Manhattan and Long Island try to avoid situations like this.

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Many professionals including a doctor think that if doctors had a surgical checklist, it would help to prevent many medical malpractice cases. This conclusion was reached after looking at numerous data from one of the biggest medical liability insurance company. What was found proved alarming – almost a third of all the claims made were from errors that happened in the medical arena. Had the doctors have a checklist, a doctor thinks that these cases could have been avoided.

The doctor also agrees that it is very challenging and hard to place a price tag on how the system works with medical liabilities. However, a recent study showed that the cost could add up to an excess of $55 billion each year or a small chunk of the health care expenditure in the United States.

Additionally, many experts including a representative believe that many citizens in America die each year because of medical mistakes and most of these are in relation to surgery.

Other medical studies done earlier prove that when there is a surgical checklist, there is a reduction in the amount of deaths that take place. In addition, more money is saved by avoiding complicated treatment and lawsuits.

According to one hospital, “These studies are important to seeing how professionals can come together and fix this problem, but no one wants to come to the table.” The medical field needs to corporate as many health professionals may think.

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According to a report, a woman who was a former nurse’s assistant filed a lawsuit in Circuit Court against her former employer. The complaint alleged that the woman’s employer fired her when she spoke and criticized a surgery that she did a specific Medical Center. Her claim exceeded $350,000 in medical malpractice and $200,000 in the job firing claim.

An advocate agreed that the woman did have a case. The suit indicated that the woman was not given the follow-up treatment that was necessary for her to recover after the surgery. She underwent excruciating pain and suffering because of the ordeal. She had to go to the emergency room hours after the surgery to have the damage repaired. This resulted in additional pain and suffering.

Her employer warned her that she would be fired if she discussed her experience with anyone else. When she did, she was given a pink slip and lost her job as a result, stated a friend.

Her employers said that they complied with the Family Leave Act by granting the woman time off to recover from her surgery. However, the woman disagreed and said that when she asked for an extended period of time for sick leave, it was denied. Her employer suggested that she did not have additional accrued sick leave for that period.

She was denied benefits and so the woman decided to file a lawsuit for the ordeal that she had experienced. Courts in Queens and Staten Island have had similar cases occasionally.

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Nearly 70 percent of doctors over the age of 50 have been sued according the American Medical Association, reported a study. He went on to say that many of these claims are dismissed but 95 out of 100 doctors will be sued at some point in their career.

These staggering numbers will likely harm doctor’s ability to provide their patience with quality care claimed a representative for the American Medical Association. He added that our country continues to work hard to reduce unnecessary health care costs and these statistics just don’t help.

In a survey conducted by the AMA, it was clear that certain types of doctors or surgeons were much more likely to be sued than others. General Surgeons, OBGYNs men doctors, and practice owners were most likely to be sued, whereas Pediatricians, women doctors, younger doctors and Psychologists were least likely to be sued. Only about 5 percent of doctors are sued per year, a study pointed out.

While more than half of these claims are dismissed, advocates estimate the average defense costs between $22,000 and $100,000.

"Even though the vast majority of claims are dropped or decided in favor of physicians, the understandable fear of meritless lawsuits can influence what specialty of medicine physicians practice, where they practice and when they retire," the advocate added.

In an effort to improve patient care and decrease the number of malpractice lawsuits, the Agency for Healthcare Research and Quality donated $25 million, which includes grants that should help cover these costs

The survey was funded by the AMA and more than 40 national medical specialty associations including many in Westchester and New York City.

Continue reading "Malpractice Lawsuits are on the rise" »

According to a reporter, a woman claims to have had a sponge left in her abdomen after surgery. She claims to have gone to her OB/GYN and that her doctor had left something foreign in her abdomen after she did a Caesarean section operation.

The woman claimed medical malpractice against the doctor who performed the operation. She claimed that the obstetrician performed the operation without having the proper medical assistance. She thinks that this is what probably caused the problem of her having to suffer a potential hernia.

The expert agreed that the woman had a viable complaint and that the doctor was negligent. When the woman began to feel pain in the abdomen, she sought medical attention and discovered that the lower part of her left abdomen had a sponge marker. She had to have it removed surgically claims the advocate.

The lawsuit complaint consist of the unreasonable notice that the complainant was afforded and that she was not give adequate medical follow up care after surgery. The complainant is seeking an undisclosed monetary damage. Her medical malpractice action is seeking retribution for her and feels that the doctor should have maintained the appropriate relationship with the patient in order to give her the best advice and best treatment possible in this situation.

The woman, according to the facts, has a chance to receive a settlement award for her pain and suffering; both physically and mentally. Hospitals in Nassau and Suffolk do their best to avoid these situations.

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When you go to hospital to have surgery, you expect that when the surgical team is done, they will make sure they have all their equipment and sponges before closing. Unfortunately, that didn’t happen in this case, said a New York Medical Malpractice Lawyer. In fact, this particular plaintiff found out the surgeons left a sponge in his abdomen after surgery for rectal cancer.
It wasn’t long after his surgery that this patient started to have bad abdominal pain. A CT scan showed he had a foreign body in his abdomen. This meant another surgery to get the sponge out. As a result of the sponge being in his body and the need for a second operation, the plaintiff stated he has had to undergo extensive medical treatments, has experienced numerous infections and has spent a lot of time in hospital. Doctors and hospitals in Manhattan and Long Island need to take note of this case and make provisions to prevent a duplication of these mistakes.
When his case went to trial, the patient was asking for damages for depression, anxiety, medical costs, disability, frequent medical care, mental anguish and pain and suffering, along with court costs and interest. The basis of that lawsuit was that the hospital and the doctors didn’t meet the accepted standard of medical care and that they were negligent in their care and treatment of the patient. This case was a complete comedy of medical malpractice errors from the moment of the first surgery, indicated the NY Medical Malpractice Lawyer.

Continue reading "Surgical sponge left in patient’s body causes infections and other problems" »

The latest hot off the presses idea by the federal government to save money, or that’s what they say when it comes to cutting costs in health care, is HR 5, also referred to as tort reform. In short, this resolution, if passed, will fatally slice and dice patient’s rights to sue doctors and hospitals in medical malpractice cases, reported the New York Medical Malpractice Lawyer.
This is a scary proposition when you stop to think that over 98,000 people die every year as a result of medical malpractice; as a result of surgical errors that did not need to happen. What on earth is the government thinking? Unfortunately, it looks like they are trying to curry favor with insurance companies by helping them cap the damages they need to pay out in medical malpractice cases. What happened to victim’s rights?
If you spend any time reading HR 5, the first thing you will notice is that it ignores patient safety. Instead, it forcefully imposes a strict cap on damages victims may seek if they have been harmed by their doctor, suffered severe side effects due to defective drugs, abuse in nursing homes or defective medical devices.
This is a roundabout way of saying that it will be ok for medical professionals in Brooklyn and Queens to harm their patients, because they will only have to pay out a limited amount of money – meaning the insurance company will only pay out a cheap change settlement. Meanwhile, the victims of medical negligence will be paying for the doctor’s mistake out of their own pocket. An odd concept for the 21st century when it comes to defining justice.
If you don’t think this is too serious, consider this, the med mal cap even applies when it comes to medical professionals who intentionally kill or harm patients and to insurance companies that refuse to pay claims for medical bills. Be afraid; be very afraid for your rights.
What is happening is that big government is getting into bed with big insurance companies to limit their losses so they can stay in business. What happens to the patients? That’s something people should really start thinking about, and soon, suggested the New York City Medical Malpractice Lawyer.

Continue reading "Rights may be a thing of the past" »

A 4 year old requiring eye surgery has recently had the wrong eye operated on due to a mix up at the hospital. It’s not clear whether or not his sight will be permanently damaged.
A surgeon recently operated on the wrong eye of a 4 year old Child, explains a New York Medical Malpractice Lawyer. The child may suffer permanent sight problems as a result of this. The surgery was supposed to be a fairly simple procedure, but it was overly complicated due to the confusion.
The doctor who operated on the wrong eye said that she simply made a mistake. According to the court notes read by the investigator the nurse ended up covering up a mark on the eye showing which eye needed surgery.
According to a well-known New York Medical Malpractice Lawyer, this answer simply isn’t good enough. Doctors should check several times before cutting anything. The rest of the medical staff including other doctors and nurses should also check and double check the information before starting the operation.
The surgeon ultimately discovered here mistake. She then continued to operate on the correct eye. It is claimed that the correct procedure would have been to inform the parents and ask for consent.
The way that the parents were treated was very poor. They were not told what was going on until it was actually happening. Also nobody stayed with them to discuss their concerns.
The original operation was simply supposed to correct the one eye as it wandered. However, this simple procedure has now become highly complex.
The long term effects of this are not currently known. It is hoped that both of his eyes will make a full recovery. The boy has small red marks in the whites of the eyes. This means that he has to put eye drops into his eyes several times per day.
Surgeons should never operate on the wrong side or part of the body. But unfortunately this type of human error does happen occasionally even in hospitals in Staten Island and Westchester County. This is a very common example of medical malpractice.
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A proposal is being developed that would create a gigantic check list of proper techniques and procedures for doctors to follow, says a researcher. The theory goes that this checklist would become the industry standard by which doctors are measured, and thus they would be protected from supposedly costly medical malpractice law suits. But, some commentators are skeptical that this new proposal will do much good at all. There are already standards in place by which doctors are measured and they differ from doctor to doctor, notes a Lawyer. Every case is unique and each branch of medicine has within it its own proper techniques to follow. Creating a giant check list would not do much because many doctors are already trying their best to follow proper procedures and avoid surgery errors. Instead, the check list may actually back fire on a doctor. There may be times when the check list calls for a doctor to administer a certain procedure but due to the unique nature of the case such a procedure would not be appropriate, reports a New York Medical Malpractice Lawyer. However, if something were to then go wrong a potential plaintiff could point to the check list and say that the doctor did not follow the proper procedures required in that circumstance. While a doctor could refute the charge, it would create another level of difficulty for those practicing medicine, says a Medical Malpractice Lawyer in New York. Further, in this day and age of expensive medical care, doctors may start to simply do everything the check list says, regardless of whether it is needed or not, which in turn would drive up costs everywhere including New York City and Queens.

If you have been the victim of medical malpractice you have rights that deserve to be protected. Contact a New York Medical Malpractice Attorney today.

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It is an old tale: insurance premiums hurt doctors and it's all the fault of evil lawyers. But a new start up group is aiming to change all that, says a New York Medical Malpractice LawyerThey seek to reduce premium payments and thus save doctors money by becoming an all online medical malpractice insurance group. Innovative techniques and new thought processes are helping to reshape an industry long filled with clunky ways of doing business.

Currently, your average regular doctor pays around $7,000 in insurance premiums every year (with that number rising to around $30,000 for a surgeon). Surgical Errors are usually more serious and call for more insurance. This may surprise some people who have been lead to believe that doctors are innocent victims of out of control lawsuits and that as a result they struggle to make a buck. Mostly, that is a lie spread by an out of control medical industry that seeks to avoid responsibility for its actions. These doctors want to harm patients without any fear of repercussion. The richest and most demanding of trust profession simply wants to never be held accountable.

Well, this new insurance group can help them to so for a great deal less money, reports a Medical Malpractice Lawyer in New York. Backed by Blue Cross Blue Shield, in Long Island and Manhattan, and other major insurance groups, they will reduce doctor's premium payments even more. It didn't take an act of Congress, or a new law, or the banishing of lawyers, it just took a little brain power and the desire to make a buck.

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A mother whose infant daughter was injured because the delivery was not carefully monitored has been able to move her case forward thanks to the efforts of a New York medical malpractice lawyer. The problem began on the day of delivery, when the mother went to a Manhattan HIP Center and was examined by the defendant, the attending physician on call. The doctor then left the hospital and had no further contact with the mother. Although the mother was placed on a fetal monitor, she began the labor process on her own with no medical personnel present, and she remained alone until part of the baby’s head had emerged from the birth canal and she was forced to hold it in the palm of one of her hand. At that point, her husband ran out and found another doctor standing in the hallway, and this second doctor, along with several nurses, completed the delivery. NYC Medical Malpractice Attorneys in the Bronx and Brooklyn are often involved in this kind of case.
Shortly after the deliver, the baby, an infant girl, began suffering from serious respiratory difficulties. She was admitted to the neonatal intensive care unit, and placed in a ventilator. Although the medical records of this time were incomplete, it is clear that the baby remained in the ventilator for four days, and in the neonatal intensive care unit for twelve. The girl currently suffers from cognitive and developmental problems, and from seizure disorders. These problems will require lifelong medical care.
The mother brought an action against the attending physician on call. The attending physician claimed that no doctor-patient relationship had been established, and that the doctor was therefore not responsible for the delivery. The mother claimed that the doctor had told her that the doctor would be the one who would deliver her baby, and further, that the doctor had examined her when she was admitted and was present during the early stages of labor. Ultimately, the court determined that a jury could find that the attending physician on call was responsible for the damages caused to the baby girl by the partially unattended birth.

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A woman in Virginia claims a 2009 colonoscopy caused her a number of medical problems. The 29-year-old woman is suing both the doctor and his employer for medical malpractice. New York Medical Malpractice Lawyers have learned she wants a jury trial and $5 million in damages.
The doctor, a gastroenterologist, performed the colonoscopy on June 23, 2009, investigating his patient’s complaints of persistent diarrhea, according to the complaint.
“[The doctor] knew before the colonoscopy that [the plaintiff] had great difficulty tolerating the ‘prep’ to clean out her colon and that she had severe left lower quadrant abdominal pain, abdominal cramping, nausea and vomiting,” NY Medical Malpractice Lawyers read in the complaint. “He prescribed Demoral for her pain and decided to proceed with the colonoscopy without first evaluating what was the cause of her severe pain.”
The suit went on to say that in attempting to bypass obstructions in the patient’s colon, he might have perforated her colon. Her condition worsened considerably after that.
The doctor had the patient admitted to the intensive care unit at Winchester Medical Center that afternoon.
Another colonoscopy, with the patient under sedation, was performed two days later. According to the suit, the colon was perforated there, as well.
“Shortly after the second procedure, the patient had more episodes of vomiting brown material, and she likely aspirated fecal content into her lungs,” the complaint stated.
The patient claims the doctor used “an ill-advised initial colonoscopy without investigating her pain.” According to the suit, a CT scan would have revealed the patient required surgery in the first place.
According to the patient, the doctor did not ask for her consent before any of the procedures, nor did he describe risks or alternatives. He also caused internal injuries that led to sepsis and failed to protect her from the lingering medical effects. Hospitals and doctors in Nassau and Suffolk Counties must be on guard for this type of negligence.

As a result, the suit claims the woman has a perforated colon, acute respiratory difficulties, sepsis syndrome, kidney failure, liver injury, a bleeding disorder, and even a failure in multiple organs that lead to bleeding in the brain. Part of her skull had to be removed to relieve the pressure.

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21 year old Elizabeth Rodriguez had surgery on her right eye that was injured due to a thyroid condition. The operation was performed at Nyack (N.Y) Hospital by Doctor Daniel Grinberg. Rodriguez discovered that her right eye’s vision was permanently damaged after she woke from the procedure. She discovered that her optic nerve was damaged and she alter sued Grinberg’s practice, ENT & Allergy Associates, LLP and well as Nyack Hospital alleging that Grinberg failed to properly perform her surgery and that he failed to properly address her condition and he also failed to obtain consent to perform the procedure hence constituting his failures as medical malpractice. Hospitals and doctors in Manhattan and Brooklyn are on the hook when this type of mistake rises up.

Medical Malpractice is when professional negligence is acted or omitted by a health care provider where care provided causes injury or death to a patient. Such negligence includes and is not limited to an error in diagnosis, treatment, or illness management, if the doctors’ actions deviated from accepted standards of practice, and the hospital has improper care or inadequate training, such as problems with medications or sanitation.
If you or someone you know is a victim of Medical Malpractice you need an aggressive New York Medical Malpractice Lawyer by your side. Don’t hesitate to look for the help when it’s most necessary.

Malpractice Attorneys can provide you with advice to guide you in situations where an injury resulted because of a physican’s negligence. Without the right New York Medical Malpractice Lawyer you may lose your precious rights which ultimately may cost you dearly.

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