March 10, 2013

Malpractice is found in two different cases

The Long Island plaintiff is appealing an order that was made in the Supreme Court of Orange County that granted the defendants’ motion for summary judgment to dismiss the complaint.

Case Background

The plaintiff alleges that the defendant committed dental malpractice by cutting out tooth number 21 from her mouth and performing negligent bridge work. She further alleges that when she complained about pain, the defendant realized that he had committed malpractice and rather than disclose it he tried to conceal it by stating that the tooth just needed to be bonded and he performed the bonding. This occurred in November of 2003.

In January of 2004, the first defendant referred the plaintiff to another dentist who is the second defendant in this case. The plaintiff alleges that the second defendant recognized that the first defendant had committed malpractice, but did not disclose it and told her to go back to the first defendant and talk to him.

The plaintiff started this action five years later in 2009 against both of the defendants. She alleged fraud against each of the defendants and the issue was joined. The defendants moved for summary judgment to dismiss the complaint as being time barred and that the alleged fraud did not result in any damages. The Manhattan defendants further argued that the alleged fraud was the same as the alleged malpractice case.

In opposition to the motion for summary judgment the plaintiff offered her affidavit that states that as a result of the concealment she did not learn about the damage to her tooth until she went to another dentist in February of 2008.

The Supreme Court granted the motion for summary judgment and dismissed the complaint against the defendants. It is this judgment that is being appealed.

Court Discussion and Decision

When a doctor tries to conceal their own malpractice by making a material and knowing misrepresentation to the patient, the patient may seek separate causes of action to recover damages for both malpractice and fraud as long as the damages that were caused by the fraud are distinct from the damages sustained as a result of malpractice.

In this case, the plaintiff did not allege that she suffered from an injury as a result of the fraud that was separate from the injury that she received as a result of the medical malpractice. For this reason, the Supreme Court was correct in dismissing the cause of action alleging fraud against the first defendant.

All of the allegations against the second defendant are found to be without merit.

However, in regard to the malpractice allegation against the first defendant, the plaintiff has raised triable issues of fact in regard to the fact that she was unable to note the damage to her tooth until she saw another dentist at a later point in time. This would lift the statute of limitations on the case and therefore the motion for summary judgment should not have been granted.

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January 12, 2013

Family Claims Injury After Treatment

This is an instant action brought forth by the plaintiff for herself, her deceased husband, and her four children. The case involves personal injury claims that arise from a car accident and medical malpractice claims in regard to the treatment that her husband received at the defendant hospital for the injuries that he sustained during the car accident.

Prior to this action the Bronx driver of the other vehicle that was involved in the accident began this own action for personal injuries that he sustained during the accident.

The plaintiffs have moved to consolidate both actions for a joint trial. The defendants in the second action have opposed stating that consolidating the actions will result in undue prejudice and jury confusion. In addition, the defendants in the second action have moved to sever the causes of action that pertain to the car accident and those actions that pertain to the medical malpractice action. The defendant is also seeking to have the venue moved to Albany County where the treatment was provided.

Case Background

The Brooklyn plaintiff’s decedent was in a car accident that resulted in serious injuries to himself, his wife, and their four children. According to the plaintiffs they were driving on Route 23 in Green County when their car was hit by the defendant driver. After the accident the decedent was taken to Columbia Memorial Hospital and was then transported to the defendant hospital.
On the day after the accident the decedent underwent surgery for his injuries on his right foot, knee, and leg. He suffered from complications after the surgery, allegedly related to the respiratory treatment and anesthesia and passed away.

The driver of the other vehicle sustained injuries as well and contends the accident was the fault of the decedent. He started an action on the 8th of February, 2010 for the injuries that he allegedly sustained during the accident. The family of the decedent started the instant personal injury and medical malpractice action against the driver of the other vehicle and various medical providers in August of 2010.

The issues before the court are whether this action involving the personal injuries suffered by the family of the decedent and the medical malpractice of the medical personnel defendants should be consolidated with the action that was commenced by the driver of the other vehicle for the injuries that he sustained during the accident, whether the alleged medical malpractice case should be severed from the causes of action that pertain to the car accident, and if the venue of New York County is appropriate.

Case Discussion and Decision

The plaintiffs contend that the two actions regarding the accident should be combined because they both stem from the same car accident and therefor contain common issues of law. The driver of the second vehicle argues that because of the medical malpractice claims these should not be combined because the issues in the decedent’s family case are more complex.

After reviewing the facts of the case, the motion to combine the cases is granted. Holding separate trials in this matter would result in conflicting results. In addition, the medical malpractice claims will not be severed and will be heard by the same jury. The court also finds that the venue of New York County is appropriate as it is the county where the defendant driver resides. The venue will remain the same.

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September 12, 2012

On 19 October 1970, a doctor performed a surgical excision of a node

On 19 October 1970, a doctor performed a surgical excision of a node from plaintiff's neck. Allegedly, during the operation on plaintiff’s neck, the surgeon negligently injured a spinal-accessory nerve in her neck and also injured branches of her cervical plexus. Following the operation, plaintiff told her surgeon that she was experiencing numbness in the right side of her face and neck and that it was difficult and painful for her to raise her right arm. The physician was allegedly aware of the negligent manner in which he had performed the surgery and, as a result, plaintiff suffered a potentially permanent personal injury; that the physician willfully, falsely and fraudulently told plaintiff that her post-operative problems, pain and difficulties were transient and that they would disappear if she would continue a regimen of physiotherapy which he had prescribed and which was then being given by another doctor. Consequently, plaintiff continued with the physiotherapy prescribed by the subject doctor until October 1974. Meanwhile, she had moved to Syracuse, New York, where she sought further medical advice. In January 1974, she was first apprised by the Syracuse physician of the true nature of her injury and that it probably had been caused at the time of her surgery. This doctor's diagnosis was substantially confirmed in October 1974 by a professor of medicine, specializing in neurology, at Upstate Medical Center in Syracuse, who also advised that reanastomosis of the sectioned nerve four years after the surgery would not be a physiologically successful procedure. Allegedly, the doctor who performed the surgery on plaintiff had intentionally withheld information as to the true nature and source of her injury, thus, she was deprived of the opportunity for a cure of her condition.

Sometime in April 1976, the present personal injury action against the surgical doctor was commenced. Prior to service of an answer, the doctor moved to dismiss the complaint under CPLR 3211 on the ground that the cause or causes of action alleged were barred by the Statute of Limitations. Plaintiff then cross-moved for leave to amend her complaint to include a cause of action for malpractice.

The Supreme Court in Westchester denied defendant's motion to dismiss and granted the plaintiff leave to amend her complaint, as requested. On appeal, the Appellate Division reversed, granted defendant's motion and dismissed the complaint. Plaintiff thereupon appealed the said decision.

The Ruling:

Here, the court finds that the complaint by the patient against her treating physician sets forth a cause of action based on intentional fraud as well as a cause of action in negligence for medical malpractice. Further, by reason of the physician's alleged subsequent intentional concealment of the malpractice and misrepresentation as to its cure, the time within which the action in negligence could be brought was not limited to the then applicable three-year statutory period of limitations and that, on the present motion to dismiss the complaint, it cannot be said that the action was not commenced within a reasonable time after discovery of the malpractice. Moreover, the Statute of Limitations applicable to the claim for damages based on the intentional fraud is the six-year statute. Different measures of damages are applicable to the two causes of action.

Clearly, the complaint sufficiently sets forth two causes of action, although not explicitly or separately denominated, one in negligence for medical malpractice on the part of the surgical doctor in connection with the surgical excision of the node and the other for an intentional tort in knowingly and fraudulently misinforming plaintiff as to her physical condition and misrepresenting that physiotherapy would produce a cure.

The complaint sufficiently sets forth a cause of action for medical malpractice; the critical issue is whether such cause of action was barred by the then applicable three-year Statute of Limitations. Normally the statute would have precluded institution in April 1976 of a claim for damages for malpractice alleged to have occurred in October 1970. Nonetheless, this complaint further alleges that defendant intentionally concealed the alleged malpractice from plaintiff and falsely assured her of effective treatment, as a result of which plaintiff did not discover the injury to the nerve until October 1974. In this case, principles of equitable estoppel are applicable to relieve plaintiff from the proscriptions of the statute. It has been ruled that fraudulent representations may play a dual role. They may be the basis for an independent action for fraud and they may also, in equity, be a basis for an equitable estoppel barring the defendants from invoking the statute of limitations as against a cause of action for breach of fiduciary relations.

In the instant case, the elements of reliance by plaintiff on the alleged misrepresentations as the cause of her failure sooner to institute the action for malpractice and of justification for such reliance, both necessarily to be established by her, are sufficiently pleaded within the fair intendment of the allegations of this complaint. In passing, the court observes that, if it is established that plaintiff is not precluded from prosecuting the cause of action in negligence and she proves that cause on the merits, the measure of damages which she will be entitled to recover will be that normally associated with medical malpractice actions in situations such as the present.

The issue now is the claim of fraud as an intentional tort. The essential elements, here alleged or within the reasonable intendment of the complaint, are knowledge on the part of the physician of the fact of his malpractice and of his patient's injury in consequence thereof, coupled with a subsequent intentional, material misrepresentation by him to his patient known by him to be false at the time it was made, and on which the patient relied to his damage in this case, defendant's intentionally concealing from his patient the fact of the malpractice and thereafter fraudulently misstating that the therapy prescribed would effect a cure. This is more than another aspect of the malpractice or even another act of alleged negligent malpractice on the part of the treating physician; the complaint alleges an intentional fraud that the surgical doctor, knowing it to be untrue yet expecting his patient to rely on his advice, advised her that physiotherapy would produce a cure, in consequence of which fraudulent misrepresentation the patient was deprived of the opportunity for cure of the condition initially caused by the doctor's alleged malpractice. If these allegations are proved they will establish an intentional tort, separate from and subsequent to the malpractice claim. Recovery of damages in such case is governed by the six-year Statute of Limitations under CPLR 213. The application of the three-year Statute of Limitations is not mandated by the circumstance that the fraud alleged arises as a sequel to an alleged malpractice.

Thus, in the case at bar, if it can be shown that at the time of the surgical doctor’s alleged fraudulent misrepresentations it was already too late to undertake a reanastomosis of the severed nerve, this plaintiff will have sustained little or no damages in consequence of the alleged fraud. If only a partial cure were then possible, damages would be assessable on that basis. Recovery would be greatest if plaintiff were diverted from what could otherwise have been a complete cure.

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August 18, 2012

Teenagers Awarded Compensation for Medical Negligence

Two teenagers underwent heart treatment when they were young children. As a direct result of this treatment they suffered from brain damage. Both of these teenagers were treated at hospitals in Bristol.

These teenagers have been awarded half a million pounds each to compensate for medical negligence. The money was awarded as a settlement from the Bristol Healthcare NHS Trust in the United Kingdom. The report noted that the money is awarded to help deal with ongoing medical expenses, and prior suffering and treatment expenses.

The standard of surgery conducted by a pediatric cardiac unit in Bristol was called into question almost ten years ago. A public enquiry was conducted to look specifically at the risks. The report found some startling results. The Lawyer has obtained a copy of the public enquiry report which shows just how serious the scandal really was.

This uncovered what was branded the Bristol Heart Scandal by the papers. The poor treatment resulted in the deaths of thirty five young patients, and more were severely injured. Many of the injuries included brain damage which will affect the patients for the rest of their life. The study found that the mortality rates in these hospitals were double most other hospitals.

The patients both argue that the level of care and the standard of surgery were far below what was expected. Not only did the treatment put their lives in danger, but it has left them permanently disabled. One of the patients requires around the clock care due to severe brain damage. This care is currently provided by her grandmother, but it is not clear what will happen when she is unable to care for her.

Although both of the cases have been settled, the NHS trust points out that they have not admitted liability. They offered the compensation as a way to safeguard their lives and ensure that they can afford to live. This ruling has hopefully made it much easier for the two patients who have been left disabled for the rest of their life. Hospitals in Queens and Staten Island are aware of this circumstance.

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August 2, 2012

Blisters around Infusion Site

A female patient recently underwent surgery to treat carpal tunnel syndrome. She had been suffering from this condition for years along with hypothyroidism, hypertension and diabetes. Before the surgery was due to start a nurse gave the patient a full checkup and put an IV line into the arm of the patient. The physician requested 5% dextrose, with 40mEq of potassium chloride; the infusion was started while the patient was waiting for the surgery to start.

The Nassau patient was due to undergo surgery shortly after the infusion started. However, as the first operation was more complicated than thought her surgery was delayed. This meant that the patient needed to wait longer than four hours before the surgery started. Around two hours after the IV line was started, the nurse noticed blisters around the infusion site. After surgery these blisters remained and caused necrosis which lead to painful scars.

According to the case details obtained by the Lawyer, the patient thinks that the problems were caused because the catheter was not inserted correctly. This meant that her arm developed eschars which became very painful.

To deal with this the patient required further procedures to remove the excess skin. However, this left scars which she still has to this day. This injury also causes her pain whenever the scar tissue is stretched. Because of this the patient was forced to give up her day job.

The patient hired an Attorney to help file a case against the medical center. The patient alleges that the staff was negligent in their care by not inserting the catheter correctly and not monitoring the site of the infusion. The medical center argues that this symptom is a well-known risk which can be caused by inserting an Intravenous catheter. The Suffolk medical center also explains that the nurse who inserted the catheter has over 20 years of medical experience and has a good reputation for caring for patients.

The lawyers for the medical center made a settlement offer of $1.5 million to cover past and future pain and suffering.

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July 18, 2012

Ohio Supreme Court to Decide on Medical Malpractice Immunity

The Ohio Supreme Court heard arguments recently in a medical malpractice case involving the University of Toledo - College of Medicine and the issue of state employee immunity from litigation. The court's decision in this case will have significant implications for certain medical negligence plaintiffs.

In this case, the court must decide if a surgeon who was treating his own patient is immune from a medical malpractice lawsuit because a student was observing the procedure. The plaintiff in the case alleges that the surgeon made mistakes during two vasectomy procedures which caused pain, additional medical bills, lost wages, and emotional distress. The surgeon claims immunity under Section 9.86 of the Ohio Revised Code. His legal team argues that the plaintiff can only seek damages from the University of Toledo's medical school, claims an

At stake in the highest state court's decision is whether liability of certain actions performed by some 8,000 Ohio doctors who now serve in similar mentoring functions will be shifted from private insurers to the state.

As to whether that is good for medical malpractice victims, the plaintiff in this case has argued against immunity from the start, preferring to proceed directly against the surgeon. Five years from the events that caused him harm, the plaintiff is still awaiting his day in court on the underlying malpractice issue.

The life cycle of medical negligence lawsuits in Brooklyn and Long Island are often quite long because legal complexities often arise. For that very reason, injured parties or surviving family members should keep in mind that they must enlist a Law Office that has the resources and experience to handle their claim over the long haul.

One of the most important steps is to assemble a record of harm suffered and symptoms. As soon as awareness hits that something went wrong, the patient needs to compile information and lists. From surgical mistakes, birth injuries and other medical mistakes to failures to diagnose cancer, heart disease or the aftermath of a stroke, identifying the harm is vital to being able to assess what went wrong.

In the present case, the defense tried to deflect legal liability to another party. When legal maneuvering causes protracted delays, it is important to know that your medical malpractice lawyer will keep you updated about the status of your claim.

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July 15, 2012

Case Involving Medical Students Evaluated

A surgeon is being sued for medical malpractice after errors during two separate surgeries. The patient claims that errors made during the procedures caused unnecessary pain and suffering along with economic damages including lost wages and additional medical bills. The surgeon’s case relies on the fact that he is exempt from liability because he was teaching at the time, explains a Lawyer.

At the time of the medical errors, the surgeon was being watched by a medical student. The doctor did receive compensation for the procedures. The debate in Westchester resolves around whether the doctor’s activities were classified as volunteer activities, even though he was paid for his time, which would exempt him from personal liability and only allowed the patient to seek monetary damages from the medical school. The determination of liability in this case has wide implications for doctors and medical schools nationwide.

A judgment against the Bronx doctor in this case could result in higher medical malpractice rates for all doctors, while a judgment against the medical school could increase the costs of training future doctors. At this point, there is little question that errors occurred in the performance of the procedures, states a doctor. The second surgery was performed because of errors during the first procedures – further errors during the procedure resulted in permanent physical disfigurement.

Lawyers are closely following this case as its results will have wide implications in any procedures done in the presence of medical students. This case is different than the majority of medical malpractice cases because of the fact that no one is denying that errors were made, explains a report. In this case, each party is trying to deny liability for the error, resulting in a different tact in this trial.

Meanwhile, the man has yet to receive compensation for his pain and resulting financial difficulties. Medical malpractice cases can often be lengthy, as this one has been, since it has already gone through several appeals. In the case, despite the obvious errors, the case may drag on for years due to the two parties, the university and the doctor, both trying to avoid liability for the error.

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July 2, 2012

Surgeon Operates on the Wrong Eye of a Young Boy

According to parents of a four-year-old, doctors were supposed to operate on their son’s right eye. The surgery was supposed to stop the boy’s eye from wandering. His parents report that that not what happened.

According to the parents, his eye surgeon first mistakenly operated on his left eye. When she realized her mistake, she then repeated the same procedure on his right eye – the correct one. As their son recovers from this medical mistake, they are concerned that they are observing more problems with the boy’s vision than they did before the surgery.

The mother of the young boy says to a Lawyer that she has not noticed any improvement in the right eye. She says she might even be seeing the left eye now wandering – when it didn’t before the mistaken surgery. She is worried about what the unnecessary surgery has done to his vision and what it could do in the future.

The doctor who practices in Nassau and Suffolk has not been reached for comment.

Right after the surgery, the doctor told the parents that “frankly, I lost sense of direction and didn’t realize I had operated on the wrong eye until I was done operating on the eye.”
The Chief Administrative Officer of the hospital where the surgery took place said that there are procedures in place to help prevent mistakes like this. A source reports that the hospital’s critical incident team will be responding to the surgery mix-up. They will interview all of the staff present in the operating room. “Our hope is to never have it happen again in any of our hospitals,” the hospital Chief Administrative Officer said.

The child’s father reports that the team had come into the boy’s room prior to the surgery and circled the eye they were to operate on, but for some reason the doctor still proceeded with the surgery on the incorrect eye.

The parents have hired a lawyer and are considering a malpractice suit.

While hospital representatives assure their patients that they are doing everything they can to ensure they are doing the procedures they intend to do and achieving the results they intend to achieve, perfection is not always attainable.

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June 6, 2012

Vibrant Newlywed Left Brain Damaged by Medical Negligence

At the hands of allegedly negligent surgical staff, a newlywed 46-year-old woman suffered brain damage in a surgery that she underwent for illness shortly after returning home from her honeymoon.

Last week, the court heard how the 46-year-old Wyattville Park resident had been a “bubbly and vivacious” receptionist, but how after her injury she needs almost 24-hour care. A rep said that the woman is a completely different person.

The woman’s husband, the chief executive of Phonographic Performance Ireland and the director general of the Irish Music Rights Organization, is suing on his wife’s behalf. At the root of the suit are the allegations that the HSE and the consultant surgeon, who works as St. Michael’s Hospital where the operation was carried out, were negligent and breached their duty the patient.

The hospital has admitted to a failure to provide a nutritionist during the surgery. This is the only statement of fault issued by any of the defendants, but it could prove to be a critical one.
The newlywed woman became ill while on honeymoon in the Dominican Republic in June of 2005. When the couple returned home, the wife was referred to St. Michael’s where she underwent laparotomy, a surgery to remove multiple abdominal adhesions. She was discharged ten days later, but only a few days later, she had to be readmitted with a worsened condition. She underwent a second surgery, including another laparotomy, in which a portion of her bowel had to be removed.

During this surgery, or immediately after, the patient required emergency intravenous feeding or total parenteral nutrition. According to a report, the surgical staff failed to administer thiamine with that required feeding. Because of that, the woman suffered brain damage and a condition known as Wernicke-Korsakoff psychosis.

Ultimately, the plaintiff alleges that the defendants are responsible for failing in their duty “to monitor, test, and review her nutritional needs as part of the nutrition management.”
Those injuries have left the 46-year-old receptionist confused, increasingly disoriented, and with memory problems. Executive and cognitive linguistic functions were also impaired. Her overall IQ has lowered as well, according to her attorney who practices in NYC and Staten Island.

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June 2, 2012

USC Corrects Implant System After Kidney Was Transplanted in Wrong Patient

The University of Southern California (USC) claims they have corrected what they term a flaw in the system that allowed a group of surgeons to transplant a kidney into the wrong patient last January. The wrong transplant occurred when the wrong organ ID wound up on the wrong paperwork. Once that mistakewas made, surgeons were essentially given the okay to proceed with the transplant.

One of the things that a rep has learned is that this ‘rare’ occurrence is not unique to USC. There are similar procedures in use at other transplant centers across the country. The ‘rare’ event started as two kidneys arrived at USC for transplant on the same day. The USC University Hospital performs two transplants a week at the most. Another contributing factor to this rarity is that both kidneys were for the left side, and both kidneys were for someone with type O blood.

Normally, the nurse is to record the operating room booking slip, which includes the organ donor ID number. On this occasion, no number had been recorded. At this point, the nurse is supposed to transfer the number from the operating room booking slip to a blood verification form. This was to serve as a final verification that the blood types and correct organ are matched. Sources have said that since there was no organ donor ID number on the booking slip, the nurse got the number from the box that contained the kidney. The problem is that was the wrong kidney.

The final check and balance that occurs at that point of the process also failed. It failed since the nurse had gotten the wrong number from the wrong location. This meant that the doctors and nurses all verified the wrong number. The operation proceeded.

Fortunately, the patient that received the transplant that day survives and is reportedly doing well. Everyone concerned is fortunate that the organs were of the same blood type. The person that was scheduled to have received that kidney is still on USC’s waiting list, however.

Although state and federal authorities continue to investigate what went wrong, this same system flaw had gone unnoticed by many for a very long time. It had even gone unnoticed from the same state and federal investigators that are now investigating the incident. In the meantime, USC has made their necessary improvements to their system in order to ensure that this does not happen again, and will resume their transplant schedule. So
have hospitals in Nassau and Suffolk Counties.

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May 16, 2012

Senate Bill 33 will likely only help insurance companies

Doctors believe our American healthy care system needs change but the recent bill passed in the Senate last week, they conquer, is not the answer.

Although costs of medical malpractice claims are difficult problems to solve, passing Senate Bill 33 might create a bigger problem for the country.

Senate Bill 33, he explained, will cap noneconomic damage rewards at $500,000, which too many seems like enough money but lawyers argue it isn’t.

“What about a child who must live a lifetime with a disfiguring or debilitating medical injury?” he, said, “A cookie-cutter approach hardly seems the fair way to assess the damages of every case.”

He went on to explain that the bigger problem with the bill is its seemingly “free pass” to medical staff if they make a mistake.

The bill states that damages will only be awarded for "gross negligence, wanton conduct or intentional wrongdoing." In laymen’s terms, this means that if they for example, cut off a leg by mistake, but they weren't drunk, the victim will have no cause for a claim.

“That is flat-out unconscionable,” the Lawyer said, “We're astonished that 36 senators voted to approve it and only 13 saw the breathtaking injustice of it.”

After being told countless times by two republican former state Supreme Court justices that the nature of capping damages in this bill is unconstitutional, the Senate still overwhelmingly passed it.

The source pointed out that even if the Bill passes, he believes it won’t decrease the costs of
because the suits have been already steadily declining due to the current strong screening processes for such cases.

“Studies show caps on judgments have little effect on the incidence of malpractice or the cost of physicians' insurance,” he said, “What would like work best is a strong regulatory process that weeds out the small number of incompetent doctors who are so often involved in these malpractice claims.”

He concluded that he believes the bill will more than likely help insurance companies in Queens and Manhattan limit what they have to pay out, and sadly allow tragic mistakes to happen in emergency rooms with no legal ramifications.

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May 8, 2012

Med Mal Reform in Texas may be in Hot Water

While some people think that medical malpractice reform, meaning capping damage awards, is a good idea, the victims don’t, and with good reason. Many medical malpractice lawyers are also joining the hue and cry against med mal reform because of what it will do to innocent victims whose damages exceed the proposed caps – in most cases, $250,000, explained a New York Medical Malpractice Lawyer.

What’s going on in Texas could go on in Manhattan and Long Island and may well spill over to other states and this is something that needs to be watched carefully, as the legal impact may be enormous. In Texas, there are concerns tort reform just may override their own state limits on medical liability issues. Seems they don’t think the feds have the power to do that under the Commerce Clause. They also want to ensure the med mal reform law does not violate states’ rights under the 10th amendment. Missing here seems to be the concern for victims, which does come up later, but a little too little too late.

What’s going on in Texas is that they want to keep their own med mal reform law, which caps pain and suffering at $250,000 and they like the idea of tort reform. In fact, they want tort reform for all states – something other Americans are not so sure is a good idea.

Unfortunately, medical malpractice tort reform and capping damages for victims has become a political football, at the expense of those who are victims of medical malpractice.

On the Republican side of the med mal reform debate is the conviction med mal lawsuits drive up health care costs and malpractice insurance fees. On the Democrat side, they feel the problem is way overblown, that most injured patients do not sue and limiting lawsuit damages for valid cases would be unfair to the victims. The real problem is that politicians don’t seem to know what medical malpractice really is and what causes it.

Currently, the bill being discussed is one that would slap a three year statute of limitations on med mal lawsuits, cap non-economic damages at $250,000 and limit punitive damages at $250,000, or twice the economic damages or whichever is the greater. Tort reform is really taking aim at states that don’t have their own laws in place already and not taking victims into consideration in the drive to save money.

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April 19, 2012

Brain Injury Case Reaches Settlement in Irish High Court

A settlement has been reached in an Irish case in which a woman allegedly suffered brain damage due to the mishandling of her care after her honeymoon, sources tell Law Offices. Her case was before the Irish High Court before settlement was reached.

The victim in this case is a 46-year-old woman from Loughlinstown, Ireland. Coworkers described her as “bubbly and vivacious” from her time as a receptionist. Today, she is unable to work and requires almost constant care, observed the source.

The victim’s husband brought the suit forward in her behalf. He alleged the hospital and the surgeon in charge of his wife’s case were responsible for her current condition. Formally, they were charged with negligence and of acting in breach of duty at St. Michael’s Hospital, where the surgery that led to the victim’s condition took place.

The only matter in which the defendants would admit fault was failure to provide a nutritionist, indicated a doctor. The case was still in litigation when the case was settled. As of yet, there are no details regarding that settlement and it is unclear if the facts will ever be released.
It has been discovered that the victim first became ill in June 2005 while she was on her honeymoon in the Dominican Republic. Her illness had nothing at all to do with the brain damage that has since affected her life. Instead, she was treated for abdominal adhesions on July 18th in St. Michael’s hospital.

The surgery did not alleviate her problems and when her conditions worsened, the victim returned in August, when part of her small bowel was removed. It was determined then that she emergency intravenous feeding of a type called total parenteral nutrition (TPN) was necessary. Medical malpractice ensued.

According to the victim’s attorneys, the intravenous feeding was missing a nutrient – the vitamin thiamine. This lack permanently affected the patient’s brain, leaving her with symptoms ranging from disorientation to memory loss to an actual drop in her IQ score. Hospitals in The bronx and Brooklyn have studied this case. Doctors have learned she suffers still from unsteadiness, dizziness, debilitating fatigue, and depression.

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April 13, 2012

Mother Awarded Six Figure Damages Payout due to Negligence

A mother who gave birth to a baby was left in a critical condition as a result of medical negligence. The mother has recently won a six figure compensation package for her lawsuit.

The mother gave birth to her son in 2006. Doctors did not have any reason to suspect that this was not a normal pregnancy. She went to hospital ad was prepared for the birth of the baby.

The woman was prepared for her caesarean section and the operating went very well. However, the surgeons performing the operation failed to close the womb up correctly. This left her in a serious condition.

The patient alerted doctors to severe chest and stomach pains stated the expert. She collapsed and was given oxygen. However, she was not operated on for up to four hours because they did not realize the problem. Another surgeon discovered that the previous operation had failed to close the womb.

The patient alleges that the doctors did not spot the mistake in time to prevent her suffering from pain. The surgeon had to remove her entre womb which now leaves her unable to have any more children as a result of this mistake.

The woman initially wanted to have a large family, but unfortunately because of the hospitals negligence in performing the C-section this will never come true. The patient filed a suit against the hospital for medical negligence.

An investigation looked at whether or not the behavior of the hospital staff was negligent. It admitted that although these mistakes do happen they are rare. The doctors should have noticed that something was seriously wrong when they saw that the patient did not stop bleeding. If the mistake was noticed earlier then it could have been corrected rather than having to remove the entire womb. Hospitals in Queens and Staten Island have watched carefully.

They got awarded a six figure payout to compensate for pain, suffering, and because she is left unable to have children. The family said that they hoped to use this money to fund surrogacy to give their child – who is now five – a brother or sister.

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February 10, 2012

Chargers Team Doctor Sacked With $2.2 Million Lawsuit

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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February 5, 2012

Kansas Supreme Court Orders a Re-Argument In Medical Malpractice Lawsuit

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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February 3, 2012

Cleveland Mom Sues Hospital

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 deathcomplaint 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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January 12, 2012

New Efforts to Cut Down Medical Malpractice Cases

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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January 7, 2012

Employee fired after surgery

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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December 31, 2011

Malpractice Lawsuits are on the rise

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.

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December 29, 2011

Sponge left in Abdomen

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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November 10, 2011

Surgical sponge left in patient’s body causes infections and other problems

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.

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October 29, 2011

Rights may be a thing of the past

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.

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October 18, 2011

Doctor Operated on Wrong Eye of Young Child

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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October 13, 2011

New Check List for Doctors May Have Bad Side Effects

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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October 10, 2011

New Insurance Group to Reduce Med Mal Payments

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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October 2, 2011


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.


September 2, 2011

Malpractice Suit Blames Botched Colonoscopy

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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August 21, 2011

Blindness scare resulted from wrongful surgery

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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