New York City

Published on: May 23, 2012

Medical Reviews continue to uncover unnecessary stent procedures

by Stephen Bilkis

A report said Tuesday that hundreds of patients are now filing charges against a hospital for allegedly implanting them with unnecessary heart stents. The report explained that in addition to the more than 90 complaints filed already, six more heart patients filed lawsuits alleging medical malpractice by two former cardiologists at the hospital.

Hospital officials have admitted these stents were likely not medically necessary.

These new sets of lawsuits are separate from a class-action suit that began last week by another attorney on behalf of two other patients who alleged that the implementation of the stents “caused unnecessary battery on the heart patients and violated ethical standards.”

Published on: May 13, 2012

Grieving husband feels heard at last by court systems

by Stephen Bilkis

Friends explained how a man finally feels heard, after many years of complaints. His wife had committed suicide while under the care of a psychiatrist.

The man claimed he had called her psychiatrist more than eight times to explain his wife was suicidal from the antidepressants that were prescribed by the doctor. Sources confirm the doctor repeatedly ignored these phone calls.

A Lawyer said the reason the man is being heard now versus before is a legislative committee is reviewing a bill regarding medical malpracticesuits that makes the process easier. This bill, he explained, will “make it more difficult for judges to dismiss these types of cases so easily.”

Published on: April 28, 2012

The settlement was a low amount considering the nature of the birth injuries

by Stephen Bilkis

The settlement was a low amount considering the nature of the birth injuries and the fact the child could never be left alone for the rest of its life. The damage award was based on a 47% negligence ratio assessed against the defendant doctor.

The case was appealed on the grounds that the damages were far too low given the egregious nature of the doctor’s actions. The Appellate court agreed that the damages were far too low and directed a new trial to deal with damages only. They had no problem ordering a new trial, as there was ample evidence on record that indicated the residents at the hospital and the on call physician, who subsequently died, were negligent.

The on call physician didn’t supervise any of the treatment provided to the mother in this case and his lack of oversight resulted in severe brain damage to the baby. In other words, there was a direct link between the doctor’s negligence and the baby’s brain damage – referred to as proximate cause.

Published on: April 10, 2012

Child Dies Due to Medical Negligence

by Stephen Bilkis

A two year old girl has recently died due to medical negligence. She was suffering from serious health problems which were triggered by endosulfan – a pesticide. She died because of medical negligence in a state owned hospital.

The hospital board worked very quickly to investigate the case. They have decided to suspend the doctor while the investigation is ongoing. They decided to take this action due to lots of protests.

The child suffered a reaction to the pesticide and was rushed to the government hospital as her condition seemed to be getting worse. The pediatric expert in the hospital was away on leave, which delayed her treatment.

Published on: February 21, 2012

Family Receives $19.2 After Daughter Was Given A Wrong Dose

by Stephen Bilkis

A Florida family recently received a settlement or $19.2 million, in a suit that could be the first of its kind in the area. However, the payment for medical malpractice of the settlement may become dicey.

In 2007, only 15 days after her birth at HealthPark Medical Center, the family’s baby daughter was given a dose of “nutrients”. However, the dosage was wrong, and it was filled as 100 times the dose, stated a doctor. The mistake led to severe complications, including cardiac arrest.

A study explained that after the mistake that almost cost their daughter her life, the family sued the Lee Memorial Health System. The baby girl, now three and a half years old, still suffers severe effects from the accident. She is blind and has cerebral palsy. Her injuries will cause her to need constant care for the rest of her life. She will always be wheelchair bound. She will need to be fed and cared for the rest of her life.

Published on: February 10, 2012

Chargers Team Doctor Sacked With $2.2 Million Lawsuit

by Stephen Bilkis

A former patient of David Chao, the Chargers Team doctor, recently received a $2.2 million settlement by an arbitration panel. The panel found Chao negligent when he performed her hip operation in May of 2007. The patient claims that Chao lacerated her femoral artery, vein and nerve, causing chronic pain and a limp.

This is not the first time that Chao, a 46-year old doctor, has been sued in recent months stated a doctor. In 2009 a male patient sued him and other care providers after a knee replacement surgery, which also took place in 2007. The man reported that Chaos carelessness resulted in an amputation of the leg. Scripps Memorial Hospital in La Jolla agreed to a $1.39 million settlement, according to report.

Chao has been sued 20 times since 1998 by various patients, ranging from charges off malpractice to personal injury, fraud, or negligence. At least eight have been settled with payouts to the plaintiffs.

Published on: January 26, 2012

$3 million settlement ordered in medical malpractice case

by Stephen Bilkis

An eighteen year old girl has suffered all her life due to a doctor’s negligence, and finally will receive some recompense. Her doctor has been ordered to pay the family three million dollars for the injuries he caused. The young girl has many health issues, including cerebral palsy, explains an expert . The money will cover past, present, and future medical expenses that the family will incur, as well as pain and suffering and rehabilitation.

When the girl’s mother went into labor, the doctor was called to the hospital to perform a Caesarian Section. It took the physician three to four hours to respond to the call and start surgery. This delay, believes experts and friends, is what caused the problems that the girl has faced for 18 years. The compression of the umbilical cord resulted in “fetal asphyxia”. It is against hospital policy for the doctor and the midwife to be off the premises for several hours at the same time. One should have remained at the hospital. The midwife was also charged and brought to trial, but found not responsible for the malpractice injuries the girl suffered.

The physician claims that the mother’s obesity or genetics are to blame for her daughter’s condition, but the jury found otherwise. According to court documents, the doctor found no signs of umbilical cord compression. The physician and his attorney refused to comment to a reporter about the verdict. The doctor’s malpractice insurance will cover $2 million, and he will most likely be responsible for the remainder. Hospitals in New York City and Westchester are studying this case.

Published on: December 31, 2011

Malpractice Lawsuits are on the rise

by Stephen Bilkis

Nearly 70 percent of doctors over the age of 50 have been sued according the American Medical Association, reported a study. He went on to say that many of these claims are dismissed but 95 out of 100 doctors will be sued at some point in their career.

These staggering numbers will likely harm doctor’s ability to provide their patience with quality care claimed a representative for the American Medical Association. He added that our country continues to work hard to reduce unnecessary health care costs and these statistics just don’t help.

In a survey conducted by the AMA, it was clear that certain types of doctors or surgeons were much more likely to be sued than others. General Surgeons, OBGYNs men doctors, and practice owners were most likely to be sued, whereas Pediatricians, women doctors, younger doctors and Psychologists were least likely to be sued. Only about 5 percent of doctors are sued per year, a study pointed out.

Published on: October 21, 2011

Sons Life Affected by Medical Negligence

by Stephen Bilkis

When a child was 1 year old he spilled coffee all over himself. Although this would not affect any adult that much, it has completely and irreversibly changed this toddler’s life. He burned over 10 percent of his body and required urgent medical treatment. The toddler was rushed to St Johns Hospital for medical attention.

The accident happened in 2010. Today though, things are much worse. The child is in a near vegetative state due to medical negligence explains a New York Medical Malpractice Lawyer. It is thought that the child was injected with the incorrect types of sedatives which have affected his life forever. The doctors initially started blaming each other over the mix up which led to the wrong injection being given. The boy is just over two years of age and has already spent virtually half of his life so far in hospital. In New York and Queens, hospitals are aware of this case.

The family of the child are devastated that their son has suffered significantly as a result of the mistakes made by doctors. The hospital states that at two he only weighed 7KG. He was unable to see or hear properly at one time; fortunately he has recovered the use of these senses. However, he is unable to identify anyone and is thought to be in a near vegetate state.

Published on: October 13, 2011

New Check List for Doctors May Have Bad Side Effects

by Stephen Bilkis

A proposal is being developed that would create a gigantic check list of proper techniques and procedures for doctors to follow, says a researcher. The theory goes that this checklist would become the industry standard by which doctors are measured, and thus they would be protected from supposedly costly medical malpractice law suits. But, some commentators are skeptical that this new proposal will do much good at all. There are already standards in place by which doctors are measured and they differ from doctor to doctor, notes a Lawyer. Every case is unique and each branch of medicine has within it its own proper techniques to follow. Creating a giant check list would not do much because many doctors are already trying their best to follow proper procedures and avoid surgery errors. Instead, the check list may actually back fire on a doctor. There may be times when the check list calls for a doctor to administer a certain procedure but due to the unique nature of the case such a procedure would not be appropriate, reports a New York Medical Malpractice Lawyer. However, if something were to then go wrong a potential plaintiff could point to the check list and say that the doctor did not follow the proper procedures required in that circumstance. While a doctor could refute the charge, it would create another level of difficulty for those practicing medicine, says a Medical Malpractice Lawyer in New York. Further, in this day and age of expensive medical care, doctors may start to simply do everything the check list says, regardless of whether it is needed or not, which in turn would drive up costs everywhere including New York City and Queens.

If you have been the victim of medical malpractice you have rights that deserve to be protected. Contact a New York Medical Malpractice Attorney today.

Do you or a loved one need legal assistance in a matter where someone else injured you? New York Medical Malpractice Lawyers stand by to assist. Your case is important and only a New York Medical Malpractice Lawyer can properly represent your interests in a court of law. The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Brooklyn, NY, can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.