Staten Island

Published on: August 8, 2012

Ohio SC reinstates medical malpractice claim

by Stephen Bilkis

The Supreme Court in Ohio has recently changed the way that medical malpractice cases are handled. A Lawyer describes that the state will now consider emotional distress caused by the injury when deciding on the level of compensation to be awarded.

Between 1997 and 2004, a female patient attended Reflections Breast Health Center every year. This clinic was owned and operated by Radiology and Imaging Services Inc. She visited the clinic every year to have annually mammograms. All of the mammograms were inspected by professionals and decided that they were normal. A mammogram in 2003 was said to be clear of any signs of cancer explains a doctor.

However, in mid-2004 the patient discovered a lump in her left breast. She mentioned this to her physician. She was hen referred back to Reflections for tests. The film found that the mass was almost certainly cancerous. Expert witnesses from The Bronx and Staten Island said that between 2003 and 2004 he mass had grown from 1cm to 2cm. A biopsy of the mass was done and this found that it was malignant.

Published on: August 5, 2012

Medical Malpractice Suits Scaring Away Doctors in Atlanta

by Stephen Bilkis

A study explains that many medical malpractice suits are giving many doctors reasons to be cautious. Not all too long ago, if a patient was experiencing chest pains, the doctor would do some routine checks to rule out a heart attack and if they were ok they would be sent back home. This was normally seen as good practice; however everything is different these days.

Many states have implemented strict medical malpractice laws. These give people the right to sue if medical care is thought to be inadequate or not provided in time. The study indicated that this has actually backfired. Many doctors are now overly cautious about their liabilities and so will practice defensive medicine. Rather than just doing the tests that are actually required, they may be going over the top just to make sure that all the bases are covered.

Doctors in Queens and Staten Island are desperate to show that they have done everything they possibly can to prevent an expensive suit. The problem is that this doesn’t actually work. If any mistakes are made reading the large number of tests then this could still lead to a medical malpractice suit against the doctor.

Published on: July 28, 2012

Birth Injury Malpractice Suit Settles for $8.5 Million

by Stephen Bilkis

A medical malpractice case involving a 5 year old boy has been settled with $8.5 million in damages. The trial was settled after just three days. A report read by the Queens judge explains that the settlement has been awarded to help provide ongoing medical care for the young boy for the rest of his life.

Injuries were caused to the little boy as a result of negligence of medical staff during the birth of the boy. The five year old still suffers from seizures as a result of the problems during his birth. He is also unable to see, hold his head up, or walk unassisted. He will need round the clock medical care for the rest of his life. All of his medical problems are caused due to mistakes which were made during his delivery which resulted in serious brain damage.

The start of the delivery seemed to be OK at first. However, at 9 AM, doctors were concerned for the welfare of the baby because the heart rate dropped suddenly explained the nurse. His heart rate was at a healthy 140 beats per minute, but then it dropped suddenly to 60 beats per minute.

Published on: July 7, 2012

The Reason for Appeal in Medical Malpractice Case Explained

by Stephen Bilkis

A recent jury decision was overturned by an Appellate court after the court determined that the jury may not have been unaffected by media coverage. The case involved a notable psychiatric hospital which caters to wealthy and famous clientele. The lawsuit against the hospital claimed that a patient was subjected to medical malpractice at the treatment center, stated a source.

The case revolved around a patient who committed suicide while staying at the hospital. The woman hung herself in her room after being mistreated by an attending physician, the lawsuit alleges. According to records, the woman was locked in her room and only allowed limited time unsupervised and it was during one of these brief periods when she was alone that the incident took place.

The rep explains that the ruling in the case was called into question when it was noted that during the time the trial was occurring, there was an article written in the New York Times about the event. The jury in Queens had never been instructed to avoid media during the trial and after the article was published, they were never questioned as to whether they had seen the article or been influenced by its content.

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 14, 2012

Misdiagnosis Lead to Additional Pain and Suffering

by Stephen Bilkis

A 54-year old man had to endure increased pain and suffering due to a medical misdiagnosis, sources have told a reporter. The man had gone in for a relatively routine procedure, an Epidural Spinal Injection (ESI). These procedures have become somewhat commonplace in recent years. The procedure involves the delivery of steroids directly into the epidural space in the spine by means of an injection. The patient usually receives a local anesthetic before the injection, and the area surrounding the injection location is thoroughly disinfected.

The problem with this man’s case is that several days after he received the injection, he was in the emergency room (ER) with a temperature in excess of 101 degrees, and complaining of severe headache and the loss of bladder and bowel control. He was given one dose of antibiotics by the ER physician, and an attending neurosurgeon later discontinued the antibiotics and replaced this with a treatment of steroids. The patient remained in the hospital for four days. During this time, he was not given any more antibiotics, and was sent home after being diagnosed with arachnoiditis.

As more time would pass, the man’s pain did not diminish; rather it continued to get worse. His experience with the loss of bladder and bowel control had also progressed. A source was also told that the man returned to the ER where he was readmitted. This time, however, the man was correctly diagnosed as having contracted bacterial meningitis. When diagnosed in its early stages, bacterial meningitis is treatable.

Published on: June 6, 2012

Vibrant Newlywed Left Brain Damaged by Medical Negligence

by Stephen Bilkis

At the hands of allegedly negligent surgical staff, a newlywed 46-year-old woman suffered brain damage in a surgery that she underwent for illness shortly after returning home from her honeymoon.

Last week, the court heard how the 46-year-old Wyattville Park resident had been a “bubbly and vivacious” receptionist, but how after her injury she needs almost 24-hour care. A rep said that the woman is a completely different person.

The woman’s husband, the chief executive of Phonographic Performance Ireland and the director general of the Irish Music Rights Organization, is suing on his wife’s behalf. At the root of the suit are the allegations that the HSE and the consultant surgeon, who works as St. Michael’s Hospital where the operation was carried out, were negligent and breached their duty the patient.

Published on: April 21, 2012

Baby born with spina bifida sue for wrongful birth, reports New York Medical Malpractice Lawyer

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 evident the father suffered from emotional distress and that both the parents were entitled to damages for this as well, said the doctor. 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.

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.

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 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.