Brooklyn

Published on: July 18, 2012

Ohio Supreme Court to Decide on Medical Malpractice Immunity

by Stephen Bilkis

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.

Published on: July 17, 2012

Lawyer-Doctor Feud Boils Then Backfires

by Stephen Bilkis

Lawyers and Doctors have never had the best of relationships. While both are professional careers, the two often find themselves on opposing sides. An expert explains that lawyers do not trust doctors. This feud has been going on for a very long time and the Lawyers are always very cautious about what the doctors are actually doing.

Some people believe that doctors tried to hand pick judges which would be tough on medical malpractice cases. It has been suggested that the doctors were trying to find a judge who would be kind to the hospitals and doctors. Although the doctors argued that this wasn’t the cause, there is no proof either way.

The doctors made it possible to interview the candidates for the position without anyone else realizing what was happening. This was hoped to make it more difficult for any lawyer to sue hospitals and doctors for malpractice cases.

Published on: June 25, 2012

Michigan Doctors Can Now Apologize without Going to Court

by Stephen Bilkis

“I’m sorry” legislation was recently passed in Michigan. The Governor signed the bill that will grant Michigan health care providers protection if they want to apologize for medical errors, indicates a professor. The state Senate unanimously approved the legislation and there was only a lone vote against the measure in the House.

The ‘nay’ voter believes the bill’s protection of physicians erodes civil rights for victims of medical errors.

The Michigan State Medical Society, Michigan Health & Hospital Association and the Michigan Association of Justice all supported the legislation.

Published on: June 19, 2012

Large Dental Chain Sued for Malpractice

by Stephen Bilkis

A Syracuse, NY, area dental clinic is being sued for malpractice, a source learned. At least 10 local families have joined together in the lawsuit that claims their children were subjected to “fraud, battery, malpractice, and negligence.” The suit further alleges that their children were “subjected to root canals, tooth extractions, and fillings while physically restrained in the dental chair and without sedation or general anesthesia.”

The clinic, which is also part of multiple state and federal investigations, has also been accused of Medicaid fraud. It has also recently reached settlements with the states of New York and North Carolina for $2 million and $14 million respectively.

The lawsuit started in Brooklyn and Staten Island alleges that the clinic took advantage of low-income families that were covered by Medicaid. The clinic confirmed to the reporter that the clinic’s staff would convince the parents that their methods of not using anesthesia or sedation were better for the children. It goes on to add that x-rays were either poorly done, or not taken at all.

Published on: June 18, 2012

Medical Mistake Rips Family Apart

by Stephen Bilkis

A Los Angeles Superior Court judge has ruled that a paraplegic mother has the right to visit with her children. The woman gave birth to triplets four years ago, but she was left as a paraplegic due to multiple medical mistakes.

In 2006, the 34-year old mother was giving birth at Cedars-Sinai Medical Center in Los Angeles, CA. The hospital told a source that the healthy woman had just given birth to her daughter and one of her sons. During the delivery of her second son, the doctor accidentally nicked her uterus. As the doctors worked to stop the bleeding, her heart stopped. To make bad matters even worse, the defibrillator created in The Bronx and Brooklyn malfunctioned. By the time, doctors resuscitated the woman her brain had been deprived of oxygen for too long. This left her with permanent brain damage. Her husband, not believing she would ever recover, filed for divorce a year later. It was his decision not to allow his ex-wife to see the children that she almost gave her life while giving birth to them. He reasoned that seeing their mother in that condition would be too traumatic for them.

As part of the judge’s 10-page ruling, the children and their mother must be allowed visitation for five days each year. These visitations are to be for three-hours each day. The ruling further states that the children are to be allowed to communicate with their mother once a month via Skype. During the mother and children’s visitation time, the children’s father will determine who will be in the room, and he has already expressed that the children’s grandmother will not be permitted in the room, sources told to a reporter. The judge also refuted the children’s father’s claim by saying that “There is no compelling evidence that visitation with Abbie will be detrimental to the children.”

Published on: May 19, 2012

Runaway physician faces multiple health care fraud and malpractice charges

by Stephen Bilkis

A source alleges that Dr. Max Weinberger faces serious charges after his five-year flee to Italy including health care fraud and medical malpractice.

“One major charge includes his failure to diagnose a patient with lung cancer after treating her for many years and performing what her family calls ‘unnecessary surgeries,” said a source. “The woman died subsequently,” they added and said the civil trial will determine whether or not the physician is guilty of negligence in the case.

An arguing attorney for Mark Weinberger said that several other doctors, who treated the woman, had also failed to identify the disease that killed her.

Published on: May 5, 2012

Patients victimized twice, once by medical malpractice and once by med mal tort reform

by Stephen Bilkis

Medical malpractice is a very they have been the victim of negligence at the hands of their doctor, they like to know that they have a legal recourse to recover economic damages for their pain and suffering.

With the advent of tort reform, those victims of medical malpractice are seeing their rights being chipped away until there is not much left. Already, in some states, lawyers will not take medical malpractice cases, because the amount the victim may recover is limited – limited in such a manner that their medical expenses and legal expenses will never be fully recovered, reported a Lawyer.

Consider the case of a family that did choose to file a med mal lawsuit, after a serious medical error caused catastrophic injuries to their child. When the child was in hospital, the doctors negligently prescribed a dose of nutrients that turned out to be 100 times stronger than was necessary. The baby went into cardiac arrest and became blind and developed cerebral palsy. Her life will never be what it could have been, had it not been for the doctor’s malpractice, outlined the New York Medical Malpractice Lawyer.

Published on: April 19, 2012

Brain Injury Case Reaches Settlement in Irish High Court

by Stephen Bilkis

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.

Published on: April 16, 2012

Midwife Pleads Guilty over Case Involving Infants Death

by Stephen Bilkis

An experienced midwife has recently been charged for the manslaughter of an infant who was under her care. All the charges were ultimately dropped except for injuries and cruelty and carrying out medical procedures without a license to children.

The midwife received a sentence of four years, but most of it was suspended. The witness explained that this actually meant that she would probably be in jail for five days. She received a fine of $5,000 and is not permitted to practice midwifery or applying for a license for the next four years.

The doctor remarked that it was a victory that she saw the error of her ways. This is actually fairly unusual in these types of cases, with the guilty person still protesting their innocence.

Published on: April 6, 2012

Birth Injury Medical Malpractice Lawsuit Settles for $8.5 Million

by Stephen Bilkis

The case of a little boy who was born with brain damage as a result of medical negligence has just been settled for $8.5 million. The boy who is five years old still requires ongoing regular medical treatment due to his injuries. The settlement is supposed to cover medical costs as well as any future medical requirements that he will continue to need for the rest of his life.

There was no reason to be concerned about the pregnancy. It was thought to be a normal pregnancy and no extra precautions were taken. Standard preparations were made at the medical center explains the expert. However, at around 9 AM heart monitors around the mothers belly detected a very sharp decrease in the heart rate. Prior to this the heart rate was a very healthy 140 beats per minute. However, this suddenly dropped to just 60 beats per minute.

The nurse who noticed this continued to take more readings, stated the rep. However, she did not raise the alarm for about 30 minutes and instead chose to monitor the condition. After 30 minutes she finally did contact the on call obstetrician. It took around 20 minutes for him to arrive.