New York Medical Malpractice Lawyer Blog

Published on: August 23, 2012

When a family member dies, it is a heartbreaking time for the rest of the family

by Stephen Bilkis

When a family member dies, it is a heartbreaking time for the rest of the family. That is made especially true if they are not permitted to honor the memory of their loved one in accordance with their traditions and religious beliefs. In the case of New York, there are laws that are in place to ensure that when a loved one dies, they are placed in a situation that will ensure that every effort is made to locate the next of kin and return the body to them for burial. These laws refer to sepulcher. Sepulcher is the right of a family to inter their kin in the manner that they deem appropriate. It is a recognized right in the state of New York, but that is not the way that it was always done.

In the early 1800’s, medical schools and body snatchers ran amuck in the city of New York. Many families were faced with the loss of the body of a loved one. There was a demand for the legislature to create laws that made it illegal for a person to steal a body or otherwise interfere with the right of a family to possess the body of their loved one. The legislature was faced with a problem about how to word such a fundamental right. The question arose as to whether the theft of a body was a theft of property that belonged to the family. Initially, the laws were worded to reflect the body as the property of a family. However, as laws usually do, they evolved over the years so that the right of sepulcher for a family to possess the body of a loved one was viewed more as a violation of a right to seek the solace of the ritual of a burial than it was a question of a theft of property. That evolution caused a new factor to be raised as it regarded the loss of bodies in morgues throughout the state. The right of sepulcher became an issue of the emotional distress that is caused to a loved one when the body of their family member is not immediately available to them. It is from this evolution of legal statute that the present case came into existence.

On October 28, 2001, a famous playwright , Leonard Melfi died. He was famous for writing the one-act play the Birdbath and he was instrumental in the writing of the Broadway hit play, Oh: Calcutta! He had been a resident of a welfare hotel on the upper west side of Manhattan called the Narragansett Hotel at the time that he collapsed. The Emergency Medical Services personnel filed a report of their interactions at the scene of Mr. Melfi’s collapse. Their report stated that the famous author was in respiratory distress at the time of their arrival. They recorded his address, date of birth, social security number and his next of kin with her phone number on their report. Mr. Melfi was transported to Mt. Sinai Hospital where another report, this one by the emergency room patient registration team was filled out with the same information. The triage report that was filled out on Mr. Melfi only showed that he was fitted with an oxygen mask and that no further treatment was administered to him. The attending physician in the emergency room diagnosed Mr. Melfi with congestive heart failure and atrial fibrillation. He prescribed a drug to slow Mr. Melfi’s heart rate, but again, the record does not show that any other treatment regimen was provided to him. The billing statement of the hospital showed that Mr. Melfi was treated by nurses who did a pulse oximetry, catheter placement, and electrocardiogram, but there is no report of these actions being taken in the patient’s care records.

Published on: August 21, 2012

When a family places a loved one in an elderly care home, they have certain expectations

by Stephen Bilkis

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.

Published on: August 18, 2012

Teenagers Awarded Compensation for Medical Negligence

by Stephen Bilkis

Two teenagers underwent heart treatment when they were young children. As a direct result of this treatment they suffered from brain damage. Both of these teenagers were treated at hospitals in Bristol.

These teenagers have been awarded half a million pounds each to compensate for medical negligence. The money was awarded as a settlement from the Bristol Healthcare NHS Trust in the United Kingdom. The report noted that the money is awarded to help deal with ongoing medical expenses, and prior suffering and treatment expenses.

The standard of surgery conducted by a pediatric cardiac unit in Bristol was called into question almost ten years ago. A public enquiry was conducted to look specifically at the risks. The report found some startling results. The Lawyer has obtained a copy of the public enquiry report which shows just how serious the scandal really was.

Published on: August 16, 2012

HSE sued over medical negligence to wife

by Stephen Bilkis

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.

Published on: August 14, 2012

Medical Mistakes cost Yorkshire £150 per minute

by Stephen Bilkis

The standard of healthcare in some of Yorkshires best hospitals and clinics has been called into question. This problem has become so serious that it is costing taxpayers over £150 per minute. Almost a third of this money will go directly to lawyers.

The NHS has had to pay out for various medical negligence cases. This costs the NHS over £80 million per year. This is money that could be better off spent providing better medical treatment.

Clinics in Yorkshire have experienced over 1,280 cases against them. These cases include medical malpractice and medical. The number of cases seemed to be increasing every year, with a 10% increase in the number of cases in 2010.

Published on: August 11, 2012

Military’s Medical Malpractice Shield to be tested

by Stephen Bilkis

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.

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: August 2, 2012

Blisters around Infusion Site

by Stephen Bilkis

A female patient recently underwent surgery to treat carpal tunnel syndrome. She had been suffering from this condition for years along with hypothyroidism, hypertension and diabetes. Before the surgery was due to start a nurse gave the patient a full checkup and put an IV line into the arm of the patient. The physician requested 5% dextrose, with 40mEq of potassium chloride; the infusion was started while the patient was waiting for the surgery to start.

The Nassau patient was due to undergo surgery shortly after the infusion started. However, as the first operation was more complicated than thought her surgery was delayed. This meant that the patient needed to wait longer than four hours before the surgery started. Around two hours after the IV line was started, the nurse noticed blisters around the infusion site. After surgery these blisters remained and caused necrosis which lead to painful scars.

According to the case details obtained by the Lawyer, the patient thinks that the problems were caused because the catheter was not inserted correctly. This meant that her arm developed eschars which became very painful.

Published on: July 31, 2012

Over 600,000 Unqualified Doctors Operating in Islamabad

by Stephen Bilkis

Health is the most precious thing that we all own, that’s why there are increasing numbers of doctors all over the world. In Islamabad there are over 600,000 active unqualified doctors practicing medicine explains a well-known doctor. An estimated 70,000 of these doctors are thought to be at risk of spreading diseases and infections due to poor hygiene and practices. These doctors lack the basic medical training which would ensure that patients are kept safe from infectious diseases.

Medical malpractice is a common problem which can happen anywhere. The doctor remarks that malpractice claims are increasing every year in America with many more patients filing suits. Although most of the doctors in America are qualified, there is still a risk that they will neglect their patients.

Many patients in the US suffer permanent injuries and scarring for the rest of their lives, and others die as a result of incorrect medical treatment. While there are risks associated with every medical procedure, it’s important that negligence itself does not increase the risks.