Articles Posted in Manhattan

Published on:

Defendants New York City Health and Hospitals Corporation (HHC) and Dr. PN (collectively defendants) move for summary judgment, dismissing plaintiff’s complaint insofar as asserted against them.

In this medical malpractice action, plaintiff alleges that defendants deviated from accepted standards of medical care while he was being treated in the hospital for severe injuries he sustained in an automobile accident. The Manhattan plaintiff alleges, among other things, that defends its improperly and negligently positioned and restrained his wrists, failed to monitor the effects of the restraints, negligently failed to perform physical therapy on him, and negligently caused his arms to become paralyzed and non-functional.

On December 29, 2004, plaintiff, then age 62, was driving his vehicle when it struck trees, a fence and landed in a courtyard, ejecting him from the driver’s side window. Plaintiff sustained various injuries, including a hemorrhage of the head, a crushed left leg from his foot to hip, and multiple lacerations and abrasions. EMS brought plaintiff to Kings County Hospital emergency room, where plaintiff was described as alert, combative, and intoxicated. Plaintiff was intubated and x-rays and abdominal/pelvic ct-scans were performed. Plaintiff sustained fractures of the pelvis, left femur, and left tibia/fibula, and had internal bleeding.

Continue reading

Published on:

The issue before the court has to do with the Medical Malpractice Reform Act of 1986 that requires the Medical Malpractice Insurance Association to refund the stabilization reserve fund charges that had been collected for excess policies and applied by statute to offset deficits. The plaintiff in the case is challenging the constitutionality of the implementation and enforcement of certain provisions of this act.

Background Information

The Medical Malpractice Insurance Association or MMIA is a non-profit unincorporated association that is a legal entity separate from its members. The MMIA in NYC was created by chapter 109 section 17 of the laws created in 1975. The association was created after the insurer that covered the majority of surgeons and physicians for professional liability stated that they would no longer underwrite this type of insurance policy in the state of New York. The MMIA’s purpose was to provide a market for medical malpractice insurance that was not otherwise readily available.

Continue reading

Published on:

Petitioner minor child, represented by his parents is permanently and substantially brain damaged as a result of alleged medical malpracticeon the part of respondent physician and respondent medical center, as well as other medical providers. The petitioner parents filed suit in circuit court against their obstetrician, respondent, his professional association, respondent Hospital, and numerous other defendants. A Florida Medical Malpractice Lawyer said that, the trial court abated the circuit court proceedings for a determination by the Division of Administrative Hearings as to whether the infant’s injuries qualified for coverage under the NICA Plan. In the petition for determination of NICA coverage, petitioners alleged that long after the post-delivery period had ended, the minor child’s medical providers committed numerous errors, including administering too much IV fluid and failing to test for serum electrolyte derangements until numerous days after the delivery. As required by statute, NICA was served with the petition in the administrative proceedings. NICA intervened and took the position that he did not suffer a “birth-related neurological injury” within the scope of section 766.302(2).

A Lawyer said that, in a narrow category of cases in which a “birth-related neurological injury” occurs, parents’ common law rights to sue on behalf of their children for medical malpractice are eliminated and replaced by an administrative remedy that provides limited compensation on a no-fault basis. “Birth-related neurological injury” is defined by statute as “injury to the brain caused by oxygen deprivation occurring in the course of labor, delivery, or resuscitation in the immediate post-delivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired.” § 766.302(2), Fla. Stat. (2001).

A Lawyer said that, the First District held that the petitioners were limited to the administrative remedy provided by the NICA Plan, reversing the decision of the administrative law judge (ALJ), who found that the minor child did not suffer a “birth-related neurological injury” as defined by the NICA Plan.

Continue reading

Published on:

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 to recover damages for alleged malpractice by the defendants. The plaintiffs allege that the defendants cared for the plaintiff while she was pregnant and that one of her twins died in utero as a result of this care. The plaintiff states that she sustained personal injuries, emotional distress, and pecuniary loss.

Continue reading

Published on:

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 of the labor and delivery. Though the infant was transferred to another hospital and stayed for almost two weeks, he was then transferred back with the previous hospital where he received continuous treatment. It is also alleged that the infant suffers from brain injury and severe developmental delays.

At the beginning, the court had lack of authority to grant the leave to file a late notice of claim as to the mother’s individual claims because her application is made more than one year and ninety days from the accrual of the incident. As to the infant’s claims, based on the dates of the alleged malpractice, a notice of claim should have been served on the hospital corporations but the infant is the beneficiary of an infancy toll.

Further, entries in the medical records reveal that the infant was developing normally at the time of discharge and there is no indication of a long term injury. In the supporting affidavit, the mother admits to being aware of the conclusion by noting that at the age of three months her son had met all developmental milestones. A neurology visit note also supports the said conclusion. The mother also stated that about 17 months after her delivery, her son had once again met all milestones. The mother stated that she did not learn of her son’s alleged delays until some point and that it was not until more findings led her to believe that her son’s injury was in fact related to his birthing process. It is evident that the mother could not have been aware of any damages attributable to the delivery within 90 days of the date of accrual, or a reasonable time thereafter, as there was no indication that the infant experiences any alleged delays. Consequently, the subject medical records alone do not support that the mother, by its acts or omissions, inflicted injuries to the infant and that the mother should have been aware of same within the applicable 90 days, or a reasonable time thereafter.

Continue reading

Published on:

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 damages in the sums of $150,000 for past mental distress, $50,000 for future mental distress, and $134,000 for loss of past financial support, and awarded the plaintiff the sum of $166,000 in punitive damages.

Defendant then appeals from the aforesaid decision and upon the denial of his motion pursuant to CPLR 4404(a) to set aside the verdict on the issue of liability as contrary to the weight of the evidence and for a new trial or, in the alternative, to set aside the jury verdict on the issue of liability and for judgment as a matter of law, is in favor of the plaintiff and against him in the principal sum of $416,500, and the plaintiff cross-appeals from stated portions of the same judgment.

The Ruling:

Continue reading

Published on:

The standard of healthcare in some of Yorkshires best hospitals and clinics has been called into question. This problem has become so serious that it is costing taxpayers over £150 per minute. Almost a third of this money will go directly to lawyers.

The NHS has had to pay out for various medical negligence cases. This costs the NHS over £80 million per year. This is money that could be better off spent providing better medical treatment.

Clinics in Yorkshire have experienced over 1,280 cases against them. These cases include medical malpractice and medical. The number of cases seemed to be increasing every year, with a 10% increase in the number of cases in 2010.

Continue reading

Published on:

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.

Continue reading

Published on:

The University of Miami has been trying to protect its doctors from malpractice suits for years. They finally managed to do this explained a well-known Medical MalpracticeLawyer. Florida lawmakers have agreed to extend the lawsuit protection to university doctors when they are working in a public hospital.

It’s suspected that the bill will become law. The state protects all hospital employees who are employed by the government from any major malpractice judgment. However, University of Miami school doctors who teach are not protected in the same way.

University of Miami officials have been trying to get the same benefits for their employees for over two decades. The university argues that many patients will sue the university instead of the hospital because the university is less familiar with these cases and more likely to pay out.

Continue reading

Published on:

New legislation has been passed in the state of Florida to restrict the ability of patients to sue medical professionals who try to provide treatment to them explains a report.

Many republican lawmakers are trying to justify the cost of the state’s Medicaid program. They are trying to reduce costs to the hospitals by reducing the chances of lawsuit losses for hospitals in the state. This is designed as a way of encouraging cooperation between doctors, hospitals and insurance companies.

The House of Representatives recently passed new legislation that would restrict using expert witnesses in lawsuit cases explains a source. The bill first said that hospitals would not be held liable for negligence of contracted providers unless the hospital exercises complete control.

Continue reading

Contact Information