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New York Medical Malpractice Lawyer Blog

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In this case the plaintiffs are seeking to recover damages

In this case the plaintiffs are seeking to recover damages for medical malpractice. The plaintiffs allege that the defendants cared for the plaintiff while she was pregnant and that one of the twins died in utero as a result this care. Case Background The plaintiffs of the case are seeking…

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A two-day hearing was held before an ALJ,

Appellant Hospital appeals an order issued by an administrative law judge [“ALJ”] finding that claimant was not subject to compensation under the Florida Birth-Related Neurological Injury Compensation Plan [“the plan”], because she was not permanently and substantially “mentally impaired” within the meaning of the plan. Appellants contend that, based on…

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At the beginning, the court had lack of authority to grant the leave

This is a claim for medical malpractice against the Manhattan health and hospitals corporation brought by a mother, individually and on behalf of her son. The infant was born at one hospital and allege that the infant sustained meconium aspiration syndrome and hypertonia as a result of the hospital’s mismanagement…

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A condition precedent to commencement of a tort action

This malpractice case was filed against defendant more than nine year’s after plaintiff’s birth. Accordingly, the medical malpractice was allegedly committed by defendant in connection with the birth of plaintiff on November 2, 1996, from pre-natal care up to his discharge from the hospital on November 9, 1996. Consequently, plaintiff…

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In support of his motion for late service of a notice of claim,

This is a medical malpractice case filed against the defendant hospital because of the negligence committed by its employees during plaintiff’s birth in September 1993. According to the hospital records, the medical employees in attendance gave his mother Pitocin, a drug used to facilitate the birth. The delivery involved two…

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On September 21, 1982, the complainant 32-year-old woman visited her accused gynecologist

On September 21, 1982, the Queens complainant 32-year-old woman visited her accused gynecologist for her annual check-up. At that time, the gynecologist made note of a one-centimeter mass on the outside lower quadrant of the woman’s left breast which he tentatively classified as a galactocele or a milk-filled cyst, but…

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In February of 2009, an elderly woman was living as a long term patient of a nursing home

Medical malpractice lawsuits can be sought for many different reasons. Some of them involve birth injury, and some, like the present case involve the care of the elderly. Elderly care homes in New York are governed by many laws, the application of these laws can differ depending on the court…

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An action to recover damages for medical malpractice was filed.

An action to recover damages for medical malpractice was filed. The defendant was found by the court, on the issue of liability, to be 75% at fault and the plaintiff 25% at fault in the causation of the plaintiff’s injuries; and, on the issue of damages, that the plaintiff sustained…

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Sometime in August of 2002, plaintiff hired a law firm to represent her

Sometime in August of 2002, plaintiff hired a law firm to represent her in a medical malpractice (personal injury) and wrongful death action concerning the death of her husband. According to the law firm hired, a lawyer, who was then an of counsel lawyer of the firm, was assigned to…

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On 4 March 1986, plaintiff commenced a medical malpractice personal injury action

On 4 March 1986, plaintiff commenced a medical malpractice personal injury action against the defendant, a licensed physician, alleging that defendant was negligent in the care and treatment of plaintiff’s infant daughter and ultimately caused the child’s wrongful death. In 1985, as part of a comprehensive reform of medical malpractice,…

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