Bronx

Published on: October 29, 2011

Rights may be a thing of the past

by Stephen Bilkis

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.

Published on: October 2, 2011

MOTHER WHOSE DAUGHTER WAS INJURED AT BIRTH FIGHTS BACK

by Stephen Bilkis

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.

Published on: September 19, 2011

Bankrupt Hospital still has bills to pay, says New York Malpractice Lawyer

by Stephen Bilkis

After a New York hospital closed, hundreds of people were left out in the cold, says one New York Malpractice Lawyer The hospital, which closed due to having about $1 billion of debt, filed for bankruptcy, which has so far protected it from any lawsuits for malpractice, some of which could give the victim millions in dollars.

According to a New York Malpractice Lawyer, the hospital did have insurance for malpractice, although it may have been underfunded, with only $150 to $250 million left for the families of those who suffered while staying in the hospital. That money, unfortunately, would first have to go to creditors, who would legally have first dibs on the remaining funds, meaning that the roughly 260 people who are currently suing the hospital would end up with nothing, even though some have suffered serious injury or had loved ones die.

One such case involves the family of a woman who died in the hospital due to a misdiagnosis and a faulty defibrillator. Her family sued the hospital and won over $5 million, and not a single dollar has been paid. The family is struggling to get by, and the woman’s daughter needs her tuition paid for, which the $5 million would have certainly done. Doctors and Hospitals in The Bronx and Brooklyn have to take note and be on guard.

Published on: September 7, 2011

Facelift turns Fatal

by Stephen Bilkis

During a facelift at a local plastic surgeon’s office an Irish woman fell to the ground, and upon arrival at the nearby hospital, was declared dead.

The woman had traveled from Limerick, Ireland, to have her facelift done. After the surgery, her doctors left the office, leaving the woman in the care of a nurse, who apparently did not know what to do when the woman collapsed. The nurse called 911 and the woman was declared dead at the hospital.

According to a New York Medical Malpractice Lawyer, fingers have been pointed in multiple directions since the surgery. The plastic surgeon did settle with the family for an undisclosed sum, but the family is also suing the nurse as well as the anesthesiologist who were also in the operating room. Both the nurse and anesthesiologist have pointed to the plastic surgeon as the one who was at fault.

Published on: August 15, 2011

BROOKLYN WOMAN HELPED BY NEW YORK MEDICAL MALPRACTICE LAWYER AFTER CT SCAN MISREAD

by Stephen Bilkis

A Brooklyn Woman who had her injuries worsen after her CT scan was misread has been helped by a New York medical malpractice lawyer. The problem arose when the woman went to the Brooklyn Hospital Center suffering from an absence of feelings in her legs, an inability to open her eyes, and a severe headache. She was admitted, and a CT scan was administered. A staff physician at the hospital, however, misread the scan and concluded that it was “normal,” when it was not. Subsequently, after the woman was discharged, the doctor reread the CT scan and realized that is was, in fact, “abnormal.” Despite these new findings, no one at the hospital contacted the woman to tell her about the new reading. In addition, no one at the hospital ever tried to treat the woman based on the new reading.

The woman’s absence of feeling in her legs, inability to open her eyes, and severe headache worsened over the next several weeks. She went to an eye doctor, who diagnosed her as having suffered an aneurysm. She then was admitted to another hospital, and the physicians there performed surgery on her and “clipped” the aneurysm. In The Bronx and Brooklyn, hospitals try to avoid these situations by being aware of the signs of trouble.

At trial, the hospital admitted that the misreading of the CT scan, and its failure to alert the woman to the misreading, were departures from accepted medical practice. The hospital claimed, however, that these departures did not cause the woman any injuries. Ultimately, the court determined that the evidence established not only that the misreading and failure to alert caused the woman injuries, but that the jury had properly awarded her damages in the appropriate amount.

Published on: June 18, 2011

Ohio SC reinstates medical malpractice claim

by Stephen Bilkis

Between the years of 1997 to 2004 a lady attended Reflections Breast Health Center to receive a mammogram every single year. The clinic reviewed all of the mammograms and she was told that they were all normal. A mammogram which was done in 2003 was later reviewed by another doctor.

In the middle of 2004 the woman found that there was a lump in one of her breasts. Her Physician told her to visit the Reflections center again for further diagnostics. The tests discovered that it was highly likely the lump was malignant. The lump doubled in size over one year. A biopsy was conducted and it was shown that it was in fact malignant.

The New York Medical Malpractice Lawyer goes on to say that the patients doctor explained the possible treatment options and that it would probably involve lymph node dissection, radio-therapy and treating with hormones. The doctor wanted to find out how far the cancer had spread by checking nearby lymph nodes.

Published on: June 10, 2011

Suitable Alternatives to Medical Malpractice Cases

by Stephen Bilkis

Medical malpractice cases are costing doctors and hospitals millions of dollars every year. A New York Medical Malpractice Lawyer explains that this is making it much less desirable to become a doctor in the first place. Many doctors will also leave states which have high cases of medical malpractice cases because of the high costs.

The doctor says that people have been trying to revise the healthcare malpractice cases for a very long time. Around 30 years ago a Law professor suggested a series of alternatives which could be used to manage the liability of medical providers.

The idea proposed by the lecturer was liability by contract. This was a much safer condition for patients and doctors alike. The liability by contract should work by deciding exactly what will happen if there are any problems with the treatment before anything begins. This means that it will be much easier to resolve the cases.

Published on: June 6, 2011

Routine Knee Surgery Kills Patient

by Stephen Bilkis

A New York Medical Malpractice Lawyer explains that a lawsuit filed for a patient suffering from sleep apnea that was prescribed Percocet and Dilaudid could of lead to his death. The patient was undergoing routine knee replacement surgery and the two drugs were administered. The usage of these drugs should be monitored closely when the patient also has sleep apnea.

The family of the patient has filed a wrongful death lawsuit under the advice of their NY Medical Malpractice Lawyer. The patient suffered from a heart attack while he was traveling to his home. He was transported to hospital but died two days after as a direct result of the heart attack.

The patient underwent the routine surgery in April 2010. The entire medical staff was aware that the patient suffered from sleep apnea and needed specialist care. The surgery was completely successful and the patient was then transferred to the recovery unit for anesthesia, where he seemed to be making a good recovery.

Published on: June 5, 2011

Jury’s Verdict in Suicide Case Ignored in Case

by Stephen Bilkis

A medical malpractice case was filed against a hospital in Connecticut for not preventing a patient from committing suicide. The case went to court and a jury ruled that the hospital was not liable. However, an appeal has decided to throw the jury verdict out.

The New York Medical Malpractice Attorney handling the case explains that the reason the Jury’s verdict is being ignored is because the verdict could have been biased. The judge failed to ask the jury whether or not they read a newspaper article relating to the case, and whether or not it affected their opinions.

The newspaper article was published a few weeks before the start of the trial. It is believed that many of the members of the jury read this. It could have quite easily influenced their opinion. Hospitals all over in places like Staten Island and The Bronx must protect themselves against law suits like this one.