Anesthesia Errors

Published on: December 12, 2012

There is a Limit to Med Mal Insurance in NYS

by Stephen Bilkis

The petitioner in this case is seeking a judgment to require the Superintendent of Insurance to hold a hearing in regard to a decision that he made that reduced the petitioner’s proposed rate increase by approximately 85%. The Superintendent has cross moved to have this petition dismissed.

Case Background

The Long Island petitioner is a non-profit entity that is comprised of insurance companies that write personal liability insurance policies in the state of New York. Membership with the petitioner is required of companies that have the authority to write this type of insurance policy in the state. The petitioner is required to provide medical malpractice insurance to any physician or surgeon that is licensed in the state of New York. The amount of the policy is up to an aggregate limit of $3,000,000.

Published on: December 10, 2012

The complainant man went to the emergency room of a hospital

by Stephen Bilkis

The complainant Nassau man went to the emergency room of a hospital complaining of weakness in his lower extremities and severe lower back pain. He had gone to the emergency room five days earlier complaining of left hip and back pain, and was sent home with pain medication. The pain persisted, and he began experiencing weakness in his legs, twice falling or nearly falling when his legs buckled. He was able to walk, though with difficulty. During his emergency room visit, radiographic tests, including a myelogram, were ordered, and the man was admitted to the hospital.

On the morning of 25 June 1994, the accused anesthesiologist explained to the complainant man that he would need to administer a caudal block rather than general anesthesia for the myelogram because the man needed to be awake during the test. The radiologist performed the myelogram around 3:00 p.m. that day. The next morning, the man discovered he felt no pain, was numb from his hips down, and could not move his legs. The Suffolk anesthesiologist and the nursing staff blamed the numbness and inability to move on the anesthesia, telling the man it had not yet worn off. The man thought this was strange because, in his experience, it usually took only four to five hours for the effects of anesthesia to wear off. He thought either something had gone wrong or his condition was worse than the doctors originally thought.

The myelogram revealed massive disc herniation causing spinal injury, and the accused man’s attending physician and neurologist advised the man that he urgently needed surgery. The neurologist performed a laminectomy and discectomy. However, the man remained paralyzed following the surgery.

Published on: December 7, 2012

This is a claim for medical malpractice against the state city

by Stephen Bilkis

This is a claim for medical malpractice against the state city health and hospitals corporation brought by a mother, individually and on behalf of her son. The infant was born at one Nassau 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 Suffolk 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.

Published on: December 5, 2012

Petitioner minor child, represented by his parents

by Stephen Bilkis

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.

Published on: November 30, 2012

A Lawyer said that, plaintiff is a provider of no-fault automobile liability insurance policies

by Stephen Bilkis

A Lawyer said that, plaintiff is a provider of no-fault automobile liability insurance policies in New York City and defendants are professional corporations (hereinafter “PCs”) which were owned and operated by medical doctors. According to the pleadings, from 1998 until mid-2001, defendants rendered treatment to persons covered under no-fault policies issued by plaintiff. The covered insured patients were treated by licensed acupuncturists who were employees of defendant medical corporations. The covered insured patients executed facially-valid assignments of their no-fault benefits to defendant corporations. Defendant corporations submitted bills for the treatment provided by these licensed acupuncturists to plaintiff. Plaintiff paid the bills submitted by defendant corporations.

A Westchester source said that, plaintiff filed this action, alleging that defendants had improperly employed acupuncturists and that, based upon this organizational flaw, were operating illegally and were not entitled to the payments that plaintiffs made during the time period cited in the Complaint. The Complaint demands that defendant corporations refund all payments made by plaintiff for services provided by the licensed acupuncturists.

Another source said that, defendants move pursuant to CPLR 3211 to dismiss the Complaint for failure to state a cause of action, while other defendants cross-move pursuant to CPLR 3212 for summary judgment dismissing the Complaint. Plaintiff opposes these motions and filed a cross-motion seeking dismissal of defendant’s counterclaim.

Published on: November 26, 2012

On January 1, 2004, a man was found almost dead by the New York City fire Department

by Stephen Bilkis

On January 1, 2004, a man was found almost dead by the New York City fire Department Emergency Medical Staff Officials on 178th Street and Jamaica Avenue in Queens County. He was taken to Mary Immaculate Hospital where he died the following day. There was no identification on his person and he was unresponsive and unable to tell hospital personnel who he was. The hospital staff were not provided with a telephone number for any next of kin and were unable to notify his family. Per hospital policy, the hospital notified the police department. The hospitalfrom that point depended on the police department to notify any next of kin.

On January 3, 2004, the hospital made contact with the Medical Examiner’s Office. It is hospital policy to inquire at the Medical Examiner’s Office if a patient dies within 24 hours of being admitted to the hospital. The Medical Examiner’s Investigator was advised and made notations to that effect in his notes that the decedent’s next of kin had not been located at that time. The hospital contends that at the time that they notified the Medical Examiner’s office, they were no longer responsible for locating the next of kin. They state that that responsibility was transferred to the Medical Examiner’s office.

The Medical Examiner’s office had the man’s body for two months, yet according to his family, made no efforts to identify him or to contact his next of kin during the time that they were in possession of his body. The Medical Examiner’s office also made not attempts to contact the police department to determine if they had identified the man or contacted his next of kin. The hospital maintains that it did all that it could do to find out who the man was and to notify the family. The hospital contends that the failure on the part of the Medical Examiner’s office to notify the family should not be their responsibility.

Published on: November 21, 2012

This is a medical malpractice case where it is alleged that the plaintiff suffered from injuries

by Stephen Bilkis

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

Published on: November 18, 2012

This case is being heard in the Special Term of the Supreme Court of Queens County

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of Queens County. NYC in the state of New York. The question before the court is whether the mother of a still born child who alleges that she was caused to endure excruciating pain and unnecessary injury and delay by reason of malpractice of the defendants is able to recover for the alleged emotional and psychic harm that resulted from the still born birth.

Case Discussion

The question before the court is interesting as the defendants of the case have motions for summary judgment to dismiss the complaint against them for failure to state a cause of action that is cognizable under the laws of the state of New York.

Published on: November 14, 2012

This case is being heard in the Supreme Court of Nassau County

by Stephen Bilkis

This case is being heard in the Supreme Court of Nassau County. The plaintiffs of the case are seeking to recover damages for medical malpractice. The plaintiffs allege that as a result of the negligence of the defendants the infant plaintiff suffered from fetal complications including oxygen deprivation that caused brain damage and resulting complications.

Case background

The infant plaintiff was born on the 29th of April, 2004. By December of 2004 he was diagnosed with cerebral palsy, left – sided hemiparesis, motor deficit, delayed speech, and cognitive deficits. The defendant in the case is the obstetrician of the mother. He treated the mother at his office and at the hospital.

Published on: November 10, 2012

In this case the plaintiffs are seeking to recover damages

by Stephen Bilkis

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.