Articles Posted in Cosmetic Surgery

Published on:

This is an action to recover legal fees. The plaintiff has moved to dismiss the counter claims made in the verified amended answer of the defendant. The defendant has filed a separate motion for leave to serve a second amended answer and to renew his prior motion to dismiss the complaint.

There are several counterclaims made by the defendant in his proposed answer including a counter claim for fraud, legal malpractice, and breach of fiduciary duty. He also added two additional counter claims in his amended answer, breach of the plain language requirement and breach of judiciary law section 427.

Case Facts

Continue reading

Published on:

The Bronx plaintiff in this case is appealing an order from the Supreme Court of Westchester County. The order from the court denied the plaintiff’s motion for summary judgment on the issue of liability, dismissed the complaint made against the defendants, and granted portions of the cross motion of the defendants for summary judgment dismissing the complaint as it was alleged that the defendants committed legal malpractice by failing to interpose a claim in an underlying action of rescission based on a mistake.

Case Background

The plaintiff is a home builder and in 1999 he started negotiations for the purchase of a home that he was building. For the negotiations he retained the defendants to represent him. In January of 2000, the plaintiff was ready to sign a contract of sale as well as a separate basement construction agreement. This contract had been forwarded to the defendant’s offices. The plaintiff executed the basement construction agreement, but then discovered that the buyers had not signed the attached contract of sale. This contract included additional terms that were not previously agreed to in the parties’ negotiations. As a consequence the plaintiff did not sign the contract of sale and told the defendant’s that the deal with the buyers was off and to proceed accordingly.

Continue reading

Published on:

This is a legal malpractice action being heard in the Supreme Court in New York County. The plaintiff is a lawyer who has brought forth this action against his former law firm partner. There are three causes of action being considered in this case. The first is professional malpractice, the second is breach of contract, and the third cause of action is a breach of implied covenant of good faith and fair dealing.

The Westchester defendants have moved for an order to dismiss the complaint as time barred by the statute of limitations, as time barred by the doctrine of laches, and for failure to state a cause of action.

Case Background

Continue reading

Published on:

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.

Continue reading

Published on:

An observer reported that a woman in Carrollton has taken the initiative to file a federal lawsuit for compensation from the U.S. government. The woman alleged that she was not given the correct size implants that she had ordered for her breast implantation. Her lawsuit states that she had wanted a much larger sized implant.

According to the evidence, the woman has alleged to have traveled miles away from home to have the procedure done. It was at that time that she found out that there was a terrible mistake in what she had ordered compared to what she was getting.

The evidence indicates that the woman’s lawsuit is for $150,000 in which the woman is seeking pain and suffering damages, mental agony as well as her travel costs.

Continue reading

Published on:

Who would have thought that going for lipsuction would result in a sudden death? That is what happened in this wrongful death case which resulted in a medical malpractice lawsuit said a New York Medical Malpractice Lawyer.

The 28-year old woman went to see the liposuction center and spoke to the surgeon who indicated her bill would be $8,000 for liposuction on her upper arms and abdomen. Unfortunately, when the surgery was done, the doctor didn’t keep track of how much Lidocaine he used on the patient. His medical assistant could not even remember how many bags of the solution were used.

Additionally, the investigation into this death revealed that the doctor also did not monitor the patient properly or check on the amount of nitrous oxide used explained the case investigator. When the operation was done, the doctor left the clinic and didn’t check to see if the patient was stable. She did not get replacement fluids and there was no record of the amount of fat actually removed during the procedure. The only person left in the clinic, was the medical assistant and when no one came to pick the patient up, she was put in a cab, but was not given any contact numbers if she experienced an emergency.

Continue reading

Published on:

Medical malpractice cases are costing doctors and hospitals millions of dollars every year. A New York Medical Malpractice Lawyer explains that this is making it much less desirable to become a doctor in the first place. Many doctors will also leave states which have high cases of medical malpractice cases because of the high costs.

The doctor says that people have been trying to revise the healthcare malpractice cases for a very long time. Around 30 years ago a Law professor suggested a series of alternatives which could be used to manage the liability of medical providers.

The idea proposed by the lecturer was liability by contract. This was a much safer condition for patients and doctors alike. The liability by contract should work by deciding exactly what will happen if there are any problems with the treatment before anything begins. This means that it will be much easier to resolve the cases.

Continue reading

Contact Information