New York Medical Malpractice Lawyer Blog

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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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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