Articles Posted in Brooklyn

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The case before the court is one of legal malpractice. The Bronx plaintiff had a bi-lateral mastectomy, which she claims was the result of being misdiagnosed. The plaintiffs are seeking a judgment against the defendants for negligently prosecuting a medical malpractice action on behalf of the plaintiff.

Case Background

In March of 2006, the law firm defendants filed a motion to have the complaint against them dismissed. In October of 2006 the court issued an interim order that directed all of the parties to provide a briefing on the issue of the bankrupt extension. The court reviewed the briefs and heard oral arguments. The court then made the decision to deny the dismissal of the complaint.

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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.

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The Staten Island plaintiff in this case is appealing an order made in the Supreme Court of Kings County. The order that is being appealed by the plaintiff denied his motion for summary judgment and granted summary judgment to the defendant dismissing the complaint as made against the defendant. The entire case stems from an underlying medical malpractice suit.

Court Discussion

Under the plain language of the insurance policy in question the plaintiff is not covered for contractual liability that was assumed by entering into service agreements with the independent contractors in the case. However, the plaintiff could have been held vicariously liable for the actions of the independent contractors and for that reason the plaintiff is entitled to recover his legal costs for defending against his own liability.

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The appeal before the court raises the question as to whether a patient of a medical group that has allegedly suffered from an injury caused by malpractice of the doctors that are associated with the group is entitled to the benefit of the continuous treatment doctrine against the doctors that have allegedly committed the malpractice where the patient has continued to receive treatment for the same injury, illness, or condition from other members of the same group after the alleged wrongdoing doctors have left the group.

Case Background

The defendants are two physicians who left the group. They have moved for summary judgment at Special Term on the basis of the alleged termination of the relationship of each of the movants with the other defendants that were their former partners. They argue that upon leaving the group the statute of limitations started to run for any acts of malpractice that they may have committed while a member of the group. As a consequence of this argument, the action in this particular case that was started in February of 1980 is time barred.

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This is a medical malpractice case where it is alleged that the plaintiff suffered from injuries as a result of the still birth of her infant as a result of prenatal malpractice and negligence of the defendants.

The plaintiff sought prenatal care from the defendants starting in July of 2001 through November of 2001 for her pregnancy. The result was a still birth on the fourteenth of December. The plaintiff states that she was exposed to DES which increased her risk of having an incompetent cervix and that the defendants should have performed a cerclage procedure in order to tighten her cervix to prevent a still birth or miscarriage.

Case Background

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On 10 October 1956, an infant who was about fifteen months old, while at home, suffered severe burns for which the defendants bear no responsibility. The infant was taken first to his family’s doctor who advised that he be taken to a hospital. The infant was then hospitalized at Kings County Hospital in Brooklyn.

On 11 October 1956, at 8:15 a. m., about thirteen hours after the infant was admitted to the hospital, he appeared to be unconscious and slightly cyanotic. Cyanosis is a condition in which the skin becomes blue, as a result of insufficient oxygen in the blood, or due to a malformation of the heart. The mother of the infant plaintiff, with respect to her son’s condition before he was admitted to Kings County Hospital, states that the boy was about a year old when he began to talk, that he started to walk at eleven months, fed himself and ate very good; however, when she took him home from the hospital, the infant could not walk, could not talk, did not respond when spoken to, and that his body still had jerky movements. The infant couldn’t hold up his head erect. It keeps bobbing, and he was not the same boy.

Consequently, a personal injury action for medical malpractice has been instituted. The defendants are the City of New York and Kings County Hospital. However, only the action against The City of New York went to the jury. The action against Kings County Hospital was dismissed during the trial.

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In an action to recover damages for medical malpractice, the wife of the plaintiff Ulysses Simmons gave birth to their daughter, the infant plaintiff, Ivette Sheyanne Simmons, following what was an otherwise normal and uncomplicated pregnancy, via vaginal delivery after about two hours of labor, at the defendant Brooklyn Hospital Center (hereinafter refered to as the Hospital). However, according to medical records, the infant plaintiff was born macrosomic (excessive size), blue and diagnosed with fetal hydrops, also referred to as hydrops fetalis (total body edema) presumably due to intrauterine infection, resulting in anemia, thrombocytopenia (low platelet count), and brain hemorrhage. The infant was subsequently diagnosed with cerebral palsy involving global developmental delays and seizures.

The plaintiffs commenced this medical malpractice action against, among others, the defendant Snehaprabha Lotlikar (hereinafter Dr. Lotlikar), an employee of the defendant Bedford-Williamsburg Medical Group, which is also sued herein as the defendant Central Brooklyn Medical Group, P.C. (hereafter together Bedford-Williamsburg). Dr. Lotlikar saw the mother during the 34th week of pregnancy, and then again during the 35th to 36th week of pregnancy.

A Lawyer said that, plaintiffs alleged that Dr. Lotlikar deviated from accepted medical practice by failing to perform a sonogram on each of those visits, and that said departure was a proximate cause of the infant plaintiff’s birth injuries because it would have revealed her macrosomic condition and fetal hydrops, which in turn would have led to delivery via cesarean section. Additionally, the plaintiffs commenced this action against the defendant Phillipe J. Day (hereinafter Dr. Day), who was also employed by Bedford-Williamsburg, and who was involved in the first hour of the mother’s labor at the Hospital, alleging that he deviated from accepted medical practice by failing to perform a sonogram. The plaintiffs also sought relief against Dr. Waltrous, who was also employed by Bedford-Williamsburg, and who was involved in the second hour of the mother’s labor and actually delivered the infant plaintiff, alleging that she deviated from accepted medical practice by failing to perform a sonogram. The plaintiffs also sought relief against Patrick LeBlanc (hereafter Dr. LeBlanc), who was employed by the Hospital, and who treated the infant plaintiff immediately following her delivery in the Hospital’s neo-natal intensive care unit for her hydrops fetalis condition, alleging that he deviated from accepted medical practice by engaging in a more conservative course of treatment, rather than performing aggressive treatment referred to as paracentisis and thoracentesis (the insertion of tubes into the body to remove fluids therefrom). Additionally, the plaintiffs seek to hold the Hospital vicariously liable for Dr. LeBlanc’s alleged medical malpractice, and to hold Bedford-Williamsburg vicariously liable for the alleged medical malpractice of Drs. Lotlikar, Day, and Waltrous. The defendants’ moved and cross-moved for summary judgment dismissing the complaint insofar as the complaint asserted against them.

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In an action to recover damages for medical malpractice and lack of informed consent, a source said that, plaintiff Valerie Abdelkader, mother and natural guardian of Laila Abdelkader, alleged that Laila’s Erb’s Palsy injury was caused by the medical malpractice of the defendant doctor in connection with the obstetrical care administered at Laila’s birth on July 2, 1997. The jury returned a verdict in favor of the plaintiff and against the defendant in the principal sums of $300,000 for past pain and suffering and $500,000 for future pain and suffering.

Thereafter, a source said that, the defendant appeals the judgment of the Supreme Court, Kings County, dated October 17, 2007, which, upon a jury verdict in favor of the plaintiff and against him finding that the plaintiff sustained damages in the principal sums of $300,000 for past pain and suffering and $500,000 for future pain and suffering, and upon an order of the same court dated May 31, 2007, which denied his motion pursuant to CPLR 4404 (a) to set aside the jury verdict as against the weight of the evidence or to set aside the damages award as excessive, is in favor of the plaintiff and against him in the principal sums of $300,000 for past pain and suffering and $500,000 for future pain and suffering.

The issue in this case is whether the damages in accordance with the evidence presented, awarded to the plaintiff is excessive.

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Health is the most precious thing that we all own, that’s why there are increasing numbers of doctors all over the world. In Islamabad there are over 600,000 active unqualified doctors practicing medicine explains a well-known doctor. An estimated 70,000 of these doctors are thought to be at risk of spreading diseases and infections due to poor hygiene and practices. These doctors lack the basic medical training which would ensure that patients are kept safe from infectious diseases.

Medical malpractice is a common problem which can happen anywhere. The doctor remarks that malpractice claims are increasing every year in America with many more patients filing suits. Although most of the doctors in America are qualified, there is still a risk that they will neglect their patients.

Many patients in the US suffer permanent injuries and scarring for the rest of their lives, and others die as a result of incorrect medical treatment. While there are risks associated with every medical procedure, it’s important that negligence itself does not increase the risks.

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Lawyers and doctors don’t generally get on very well. There are a number of reasons for this, but the most common is because of distrust between both doctors and lawyers. There are many medical malpractice stories floating around the internet comments the source.

Many doctors who charge Medicaid or Medicare for various medical procedures for tests that aren’t really necessary. This means that they are actually committing fraud according to Medicare and Medicaid programs.

The law has been made very clear to discuss this type of fraud, says the rep. When the issue was discussed at congressional hearings the doctors actually admitted the practice and then ended up trying to deny it when they were asked if they billed Medicare for the tests.

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