Queens

Published on: April 13, 2012

Mother Awarded Six Figure Damages Payout due to Negligence

by Stephen Bilkis

A mother who gave birth to a baby was left in a critical condition as a result of medical negligence. The mother has recently won a six figure compensation package for her lawsuit.

The mother gave birth to her son in 2006. Doctors did not have any reason to suspect that this was not a normal pregnancy. She went to hospital ad was prepared for the birth of the baby.

The woman was prepared for her caesarean section and the operating went very well. However, the surgeons performing the operation failed to close the womb up correctly. This left her in a serious condition.

Published on: April 3, 2012

Mother of Girl with Cerebral Palsy Seeking Treatment

by Stephen Bilkis

A mother of a young girl who suffers from many medical conditions, including Cerebral Palsy, asthma and epilepsy is looking for possible treatment options. The girl who is 9 suffers from seizures and many other medical complications.

The medical disorders are affecting the girl because of medical malpractice when she was born. This was caused because the baby was in an awkward position when she was being born. It was argued that this could have been prevented fairly easily if a C-section was done quickly. Instead the baby was born two weeks late.

The family hired a Lawyer and successfully managed to sue the hospital and the emergency room doctor. The family received a settlement of $1 million dollars. The money left over after paying court costs was put into a trust fund to provide for the child’s future healthcare bills.

Published on: February 19, 2012

Stillborn baby due to medical malpractice wins award of $1million

by Stephen Bilkis

In the initial case, the jury found for the plaintiff in the amount of $1 million, citing the negligence of the hospital and doctors in the stillborn birth of a baby. The hospital appealed, said the report, and their findings were that it was okay to have amended the original complaint, that negligence was not the direct cause of the baby’s death was not inconsistent or against the evidence, that there was medical malpractice by the hospital, that the doctor did not actually treat the mother and that reducing the damages was not warranted.

The plaintiff alleged that when she went to the hospital in the 32nd week of her pregnancy with abdominal pains that she was not properly assessed or treated. The lack of proper care resulted in the woman having her baby at home without medical help. The baby presented feet first and died of asphyxia due to the head being stuck in the birth canal. The mother’s claim indicated that she suffered terrible emotional pain because of this situation, indicated the source.

Medical malpractice in hospitals is not unusual in Queens and Staten Island. With the amount of traffic they have to deal with there are bound to be mistakes. Sometimes things become so busy and hectic it’s hard to keep things under control. The hospitals try to control things but sometimes it just can’t be done.

Published on: February 13, 2012

Cancer Patient Awarded Compensation for Negligence

by Stephen Bilkis

A 31 year old woman diagnosed with cancer has recently been awarded compensation for medical negligence as indicated by a judge. The suit was filed against NHS healthcare trusts for failing to screen the cancer test successfully. This has been a very high profile case which has drawn attention from all around the world.

The patient alleges that the hospital trusts in Glasgow and Clyde made mistakes when the smear test report was analyzed. She attended regular smear tests, and in 2005 one showed no signs of cancer at any stage. However, in 2008 another smear test was conducted in Geneva which showed the patient was suffering from cervix cancer.

The cervix cancer was at a very advanced stage. This means that the test in 2005 should have shown the early signs of cancer. If it was detected at this stage then the treatment options would have been much less complicated and invasive. The delay in detecting and treating the cancer also exposed the patient to a risk of the cancer spreading; fortunately in this case it doesn’t seem to of happened.

Published on: January 17, 2012

Lifting caps for Medical Malpractice Cases

by Stephen Bilkis

A report shares how the unfortunate incident of a 17 year old lady’s tragic death due sparked the discussion between law makers, patient advocate groups and Congress about lifting caps for medical malpracticedamages.

Many lawmakers, according to the report, are trying to cut down on the cost of health care and one of the ways that they deem necessary to accomplish this task is to put a cap on medical malpractice cases. The lawmakers and groups of physicians seem to agree that if a cap is not put on such medical malpractice cases, it will result in unnecessary lawsuits.

However, the expert along with families of the patients disagrees with this stance. They feel that doctors and hospitals should be held accountable for their negligence.

Published on: January 7, 2012

Employee fired after surgery

by Stephen Bilkis

According to a report, a woman who was a former nurse’s assistant filed a lawsuit in Circuit Court against her former employer. The complaint alleged that the woman’s employer fired her when she spoke and criticized a surgery that she did a specific Medical Center. Her claim exceeded $350,000 in medical malpractice and $200,000 in the job firing claim.

An advocate agreed that the woman did have a case. The suit indicated that the woman was not given the follow-up treatment that was necessary for her to recover after the surgery. She underwent excruciating pain and suffering because of the ordeal. She had to go to the emergency room hours after the surgery to have the damage repaired. This resulted in additional pain and suffering.

Her employer warned her that she would be fired if she discussed her experience with anyone else. When she did, she was given a pink slip and lost her job as a result, stated a friend.

Published on: December 23, 2011

Baby born with spina bifida sue for wrongful birth

by Stephen Bilkis

This lawsuit was brought by a couple whose baby had been born with spina bidifa. There suit alleged that the doctors involved the pre-natal care did not tell the mother what the reason was for a blood test offered to her during her pregnancy. She had no idea the test was to determine the risk of her unborn baby having spina bifida.

When this case went to court, the judge indicated that there was plenty of evidence the father suffered from emotional distress and that both the parents were entitled to damages for this as well, said the judge. Further, the court said that if the mother had known about the results of the test prior to birth, her decision would not have been speculation. Medical malpractice seems to be present here.

A video of the baby at birth shown during the trial was quite telling and spoke for itself about the consequences of the mother not knowing about her child’s disease. In other words, there was no prejudice and the video dealt in facts alone. Based on what the jury saw, the court did not feel that the $5 million award was out of line for economic damages and that the $7 million for non-economic damages was fair, reported the source. Hospitals and doctors in Queens and Staten Island are aware of this case.

Published on: October 31, 2011

Birth Injury Eligibility to Alternative Program to Avoid Med Mal Lawsuit not Acceptable

by Stephen Bilkis

Legal payments may be blocked in one state’s birth-injury program; a saving for the state, but potential anguish for the parents who will be unable to sue for med mal, said a New York Medical Malpractice Lawyer.

In a case that made headlines, a state commission reversed an earlier decision to allow the birth-injury program to pay defense lawyers who were seeking to have a dead child accepted into the program. Evidently, a child who had died shortly after birth, under the care of a local obstetrician, was deemed qualified for benefits under the birth-injury program. Parents in The Bronx and Queens could claim up to $100,000 from the program. However, the fact that the child qualified, meant that a separate medical malpractice lawsuit against the obstetrician for millions was ended.

The state’s attorney general pointed out that program funding was not to be used to pay lawyers who were trying to avoid exposure to med mal lawsuits for their clients. In other words, the eligibility issue was not to protect the interests of the dead child, but to ensure the negligence doctor was not sued for medical malpractice, explained the Doctor.

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.