Articles Posted in Pediatric Errors

Published on:

The plaintiff is appealing orders from the Supreme Court of New York County that denied their motions for summary judgment in regard to liability.

Case Background
The record in this case shows that the defendant obtained malpractice insurance coverage from the plaintiff. The defendant made an effort to limit the amount of the premium to be paid to $165,000. However, it is clear that the plaintiff advised the defendant that the amount of premium to be charged would depend on information that was to be supplied by the defendant and the rates would be established by the Superintendent of Insurance.

The defendants in each case applied for insurance coverage and this coverage was supplied by the plaintiff.

Court Decision
The order from the Supreme Court of New York County that was entered in January of 1978 in favor of the first defendant hospital is reversed. The order denied the plaintiff’s motion for summary judgment. The motion for summary judgment on the issue of liability is granted.
The order that was made on the same date in the same court for the second defendant hospital that denied the motion for summary judgment for the plaintiff is reversed. The plaintiff’s motion for summary judgment is granted on the issue of liability. The counterclaims made by the defendant are dismissed. The case will be remitted for trial on the issue of damages.
Continue reading

Published on:

While the legal profession exists in order to assist people with various legal problems, sometimes clients feel that the legal professional is the source of the problem. In a recent case, a husband and wife are suing their lawyer for negligence. In this case, the couple claims, the lawyer’s unreasonable delays lead to the expiration of the statute of limitations, explains a Lawyer.

In this case, the Manhattan doctor involved was sued by several patients within a six month period. The number of lawsuits brought against the doctor over the extremely short period of time suggested that the doctor was acting negligently and would have resulted in a strong case for the couple.

The husband, who was the patient in this case, was treated for a broken ankle which required surgery. The surgery was improperly performed and two follow up surgeries took place to correct the errors from the original procedure. The resulting pain and suffering the couple faced, along with the economic damages from the additional medical procedures, were the reason for the lawsuit stated a Long Island rep.

The case, however, was not brought to trial because the statute of limitations had expired. The couple claims that this is the fault of the attorney they had retained for their case. The couple is now seeking damages against their original attorney and has retained new representation.

The doctor in this case moved to a different state and changed his name. He later declared bankruptcy and lost his medical license. Because the doctor declared bankruptcy, it is unlikely that the couple would have received any monetary compensation from the doctor himself. However, the couple probably would have received payment from the doctor’s malpractice insurance company, assuming that he had a policy in place at the time of the incident.

Because the couple would not have received money from the doctor, it makes the claim that the lawyer’s negligence caused them to lose money. This will complicate the couple’s case against their attorney. The husband’s current medical condition is unknown at this point.
Continue reading

Published on:

Medical malpractice is a very they have been the victim of negligence at the hands of their doctor, they like to know that they have a legal recourse to recover economic damages for their pain and suffering.

With the advent of tort reform, those victims of medical malpractice are seeing their rights being chipped away until there is not much left. Already, in some states, lawyers will not take medical malpractice cases, because the amount the victim may recover is limited – limited in such a manner that their medical expenses and legal expenses will never be fully recovered, reported a Lawyer.

Consider the case of a family that did choose to file a med mal lawsuit, after a serious medical error caused catastrophic injuries to their child. When the child was in hospital, the doctors negligently prescribed a dose of nutrients that turned out to be 100 times stronger than was necessary. The baby went into cardiac arrest and became blind and developed cerebral palsy. Her life will never be what it could have been, had it not been for the doctor’s malpractice, outlined the New York Medical Malpractice Lawyer.

At trial, the story was so horrific and the future expenses to care for this severely disabled child were so enormous, that the jury awarded the family $19.2 million. Sadly, because medical malpractice liability in their state is capped, the damage award may be cut by 90%.
If the proposed federal medical malpractice reform bill – also known as HR 5 – passes, victims will be left holding the financial, emotional and physical bag for negligent doctors. What will happen to patient rights? Who will hold the doctors accountable? When did the victims of medical malpractice become victims again within the justice system? Why can’t medical malpractice cases be decided on a case by case basis and the negligent medical professionals in The Bronx and Brooklyn be held liable for their mistakes?
Continue reading

Contact Information