Articles Posted in Westchester County

Published on:

The Facts:

On 8 April 2005, the subject infant was born at a hospital. Allegedly, 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 on 9 April 2005 for almost two weeks, he was transferred back where he remained until 24 May 2005. Thereafter, he was treated at the same Hospital through 2006.

A claim for medical malpracticeagainst the New York City Health and Hospitals Corporation thereafter ensued brought by the infant’s mother, individually and on behalf of her son, the subject infant. It is alleged that the infant suffers from brain injury and severe developmental delays.

Continue reading

Published on:

When a family places a loved one in an elderly care home, they have certain expectations regarding the care that the loved one will receive while they are living there. It is not reasonable to expect that the loved one will be abused while in the care of trained professionals. However, all too often, a family discovers that their trust was misplaced and that their loved one has suffered from an injury, abuse, or even death as a result of medical malpractice or nursing home abuse.

On October 31, 2003, one such loved one died in the care of New York Presbyterian Hospital. She was only 67 years old. She had been a patient at Isabella Geriatric Center, Inc. from the summer of 2000 until October 24, 2003 when she was transported to the hospital suffering from contusions, pain and discomfort, dehydration, soreness in her neck, and stage IV sacral decubitus ulcers. These injuries were inflicted according to her family members as a direct result of the employees of the geriatric center’s neglect and abuse under Public Health Law §§2801-d and 2803-c. The family contends that the geriatric center failed to properly hire, train, and retain qualified employees and that they failed to properly supervise those that they did hire to ensure that reasonable care was given to their loved one.

When they filed their complaint with the courts of New York, they were taken before a judge who read over the complaint. The family had requested permission to present a medical expert to testify on their behalf to show that the geriatric center had failed to provide the minimal standard of care to their loved one and that this diversion from standard medical practice was the proximate cause of the injuries that she suffered and ultimately the cause of her death. The judge who heard the motion denied the family’s request to present a qualified expert. She then stated that without an expert that they would not be able to show a prima facie case of neglect. She then proceeded to dismiss the case in its entirety.

Continue reading

Published on:

The husband of a wife who has suffered brain damage is suing the hospital for medical negligence. The husband is the chair of the Irish Recorded Music Association and a prominent member of the community noted the report.

The husband of the patient is suing the Health Service Executive in relation to the treatment that his wife received. The Staten Island doctor and consultant are also involved in the lawsuit. The patient experienced a loss of memory and depression due to bran damage caused by the operation.

The husband claims that his wife’s entire personality has been changed. She was very confident and outgoing when they first met. Now though, she is very different. She is more vulnerable and delicate. She is also left unable to work because of the injuries sustained which resulted in permanent brain damage.

Continue reading

Published on:

If a person is injured by a medical professional then they have the right to file a lawsuit against that doctor. However, members of the military probably won’t have this option and that’s due to a shield law. The law is opposed by many veterans and their families. This protects military medical personnel from being accused of malpractice.

They are hoping that the latest case which will challenge the shield will completely change the law indicates a source. The law suit is filed against a 25 year old non-commissioned officer who died due to medical mistakes. The officer died because the nurse put the tube into the wrong part of the throat.

The report explains that overturning this law could expose the government to millions of dollars of costs. This will make it a very interesting topic. Congress is desperate to reduce spending, which is why it’s unlikely they will get rid of the law. Medical mistakes in the military are often regarded as being very similar to wounds incurred when on active duty.

Continue reading

Published on:

A surgeon is being sued for medical malpractice after errors during two separate surgeries. The patient claims that errors made during the procedures caused unnecessary pain and suffering along with economic damages including lost wages and additional medical bills. The surgeon’s case relies on the fact that he is exempt from liability because he was teaching at the time, explains a Lawyer.

At the time of the medical errors, the surgeon was being watched by a medical student. The doctor did receive compensation for the procedures. The debate in Westchester resolves around whether the doctor’s activities were classified as volunteer activities, even though he was paid for his time, which would exempt him from personal liability and only allowed the patient to seek monetary damages from the medical school. The determination of liability in this case has wide implications for doctors and medical schools nationwide.

A judgment against the Bronx doctor in this case could result in higher medical malpractice rates for all doctors, while a judgment against the medical school could increase the costs of training future doctors. At this point, there is little question that errors occurred in the performance of the procedures, states a doctor. The second surgery was performed because of errors during the first procedures – further errors during the procedure resulted in permanent physical disfigurement.

Continue reading

Published on:

Though hospitals are places where one expects to go to heal, there are often times when being in a hospital can result in further complications. This can be due to several reasons, but often involves infections which can be common in hospitals because of improper hygiene practices. Unfortunately, it is almost impossible to pinpoint where an infection originated, explains a doctor in The Bronx.

A woman who went to a hospital because of a broken ankle eventually would need to have her foot amputated because of an incurable infection. She claims that the infection came from the hospital where her ankle was treated while the hospital claims that the foot was infected after she left the hospital.

In cases such as these, a cluster of infections in a certain hospital or medical center, make it easier to argue that the infection was spread at the treatment center. In the absence of clear evidence of the source of the infection, the costs involved in preparing a case can be a hindrance, says a nurse. Hiring medical experts is often one of the costliest parts of a medical malpractice case; lawyers often have to front the costs of these experts for their cases.

Continue reading

Published on:

In medical malpracticecases involving military medical personal, there is a separate law that that limits the doctors’ and hospitals’ liabilities. The act, known as the Feres Doctrine, was originally intended to limit the government’s liability for injuries which occurred in the line of duty, explains a doctor.

The Doctrine, while originally intended to limit lawsuits from wounded soldiers, was written in such a way that it has since been expanded to include injuries which are the result of malpractice at military hospitals and clinics. This has prevented numerous lawsuits against the government which would likely be brought against private physicians in similar circumstances. The Doctrine has undoubtedly saved the government billions of dollars in malpractice awards since it was enacted in the late 1960’s.

Arguments for the Doctrine claim that removing it would place a higher reward on injuries due to medical malpractice, potentially millions of dollars, than similar injuries which are the result of battle and that the cost to the government would be significant. Arguments against the Doctrine include claims that subjecting hospitals and doctors to liability encourages them to reduce the number of errors and improves overall care. Both sides have numerous supporters. The Doctrine has been addressed in several trials over the past six decades, but it has thus far stood up to criticisms.

Continue reading

Published on:

A source has learned of a very troubling case of what was supposed to have been a day that was filled with a family’s hopes and dreams that suddenly turned into a parent’s worst nightmare. Although their son had been born prematurely, he had reportedly been making good progress. The boy’s parents were especially hopeful to be able to take their son home in a few days. Their outlook was especially bright since the couple had endured two failed pregnancies due to early term miscarriages.

Unfortunately, the worst did happen when a hospital pharmacy technician incorrectly placed the wrong label onto an intravenous (IV) bag that was destined for the couple’s treasure. The baby’s doctor had ordered an IV solution for the infant. The IV bag was labeled correctly, but at some point between the pharmacy and the nurse who was to administer the IV another label was placed over the first label. The nurse had no way of knowing the IV solution that she was about to administer to the baby had a dosage of more than 60 times the amount of sodium that the physician had ordered. Too much sodium can lead to many problems, including heart palpitations and anxiety. The baby did not survive to go home with his parents.

Soon after it was discovered, a hospital spokeswoman admitted that an error had been made.

Continue reading

Published on:

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.”

Continue reading

Published on:

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.”

Continue reading

Contact Information