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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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
attorney.

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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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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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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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 2, 2011

MOTHER WHOSE DAUGHTER WAS INJURED AT BIRTH FIGHTS BACK

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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