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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Monday, January 20, 2020.

In October 2011, Amanda Velasquez, a pregnant 20-year-old, walked to Woodhull Medical Centre to see her obstetrician. She was experiencing blurred vision and worried that she was losing her eyesight. Her obstetrician assured her that she had nothing to worry about, and she went home.

Unfortunately, Amanda’s symptoms of cloudy vision and pressure around her eyes didn’t go away, and she visited the hospital six more times with the same complaint, but her obstetrician chose to fixate on her pregnancy rather than check her eyes and told her that there was no problem at each visit.

Amanda gave birth two months later, only to find that she couldn’t see her baby boy properly due to her blurred vision. She went to the New York Eye and Ear Infirmary several weeks later and was diagnosed with glaucoma, a condition that damages the optic nerve due to abnormally high pressure around the eye. By the time Amanda was diagnosed and had surgery a month later, she was 90% blind.

After filing a medical malpractice lawsuit for her obstetrician’s failure to diagnose, Amanda went to trial and was awarded $15 million in damages for her life-altering injury.

Legal Matters

Failure to diagnose is a kind of diagnostic error caused by your doctor being negligent when treating you. If your doctor doesn’t take the necessary steps to determine what illness you have, then you are at risk of becoming injured or even disabled.

While a failure to diagnose should never happen, there are many reasons why they do. Some of the most common causes of failure to diagnose include:

  • Limited availability of diagnostic tests, specialists, or informatics resources
  • Poor training of healthcare providers
  • Not scheduling follow-up appointments
  • Poor communication and coordination
  • Unaffordable care
  • Negligence from doctors, nurses, or the facility
  • Medical errors such as anesthesia errors, birth injuries, surgical errors, and other doctor errors

What’s sad about Amanda’s case is that she had access to the required tests and specialists to diagnose her glaucoma, but her doctor was ultimately negligent and failed to diagnose her.

When Amanda filed her medical malpractice lawsuit, the obstetrician and hospital denied any wrongdoing. This is common in medical malpractice lawsuits, and doctors and hospitals generally have a list of reasons why they aren’t at fault, some of which include:

  • The medical condition that you had when you consulted with them was likely to cause you harm even if it had been promptly diagnosed and treated
  • You may have approached the wrong specialist and thought the doctor capable of operating outside of their specialty
  • You may have withheld important information or given misleading information to your doctor which may have aided or hindered their ability to diagnose the problem correctly
  • If your doctor’s mistake was one that any reasonable doctor would have made, then they are not considered to have acted negligently

As this list shows, you need to consult with an NYC medical malpractice lawyer if you live in NYC and have been a victim of medical malpractice.

The law doesn’t hold doctors as legally responsible for all diagnostic errors, so you will have the best possible chance of winning your lawsuit and receiving compensation if you contact an NYC medical malpractice attorney. These NYC attorneys are specialists when it comes to medical malpractice law and the statute of limitations that pertain to NYC.

Contact

If you have been injured or disabled due to a doctor’s failure to diagnose you, then you can contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

By calling 1-866-516-5887, you can speak to one of our medical malpractice attorneys for a free, confidential consultation.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Nursing Negligence on Friday, January 17, 2020.

In 2016, a 41-year-old man named Jose Polanco was admitted to Elmhurst Hospital after suffering a heart attack. Unexpectedly, he began to develop pneumonia during his recovery and soon suffered from a serious infection that saw him become an inpatient for four months.

As his condition worsened, Jose’s infection began to affect his blood pressure, and doctors ordered that a line be inserted in his arm to provide ongoing monitoring. Unfortunately, Jose’s arm soon turned back after having the line inserted, and he was diagnosed with gangrene shortly after.

Apparently, Jose developed two wounds in the area of his bicep. It is believed that these areas did not receive enough oxygen after the line was inserted by a nurse, which caused a lack of blood flow to the area and the tissues to die. This necrotic tissue then caused gangrene.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Wrongful Death on Monday, January 13, 2020.

In January 2014, parents Sara and Padraig Keenan entered into a nightmare when their 3-month-old daughter was found in her crib choking after being breastfed.

The couple was hosting a houseguest who worked as an EMT and who was able to revive the baby girl and got her breathing again. Frantically, the parents called 911 and emergency medical technicians from Exchange Ambulances were sent to their home.

The family could never have foreseen the terrible string of events that were about to occur.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Friday, January 10, 2020.

In 2003, Bee Gee’s frontman Maurice Gibb died at Mount Sinai Hospital from health complications that were causing him stomach pain. He had been in the hospital for three days and was scheduled to have an in-depth examination the following day. Sadly, his intestine burst and flooded his body with toxins that caused him to go into cardiac arrest and resulted in his death.

Following his death, Gibb’s brothers consulted with medical malpractice lawyers to file a medical malpractice lawsuit to take action against the hospital for hospital negligence. It was their belief that doctors did not detect that Gibb had a twisted bowel, which was further complicated by his admission into the VIP ward on the eighth floor, as opposed to the third floor where the hospital’s emergency equipment was housed.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Wrongful Death on Wednesday, January 08, 2020.

In 2008, Brookdale University Hospital was at the center of one man’s grief when it was revealed that his grandmother had died as a result of poor treatment and neglect by the hospital and medical center personnel.

When filing a medical malpractice lawsuit, Thomas Stephens revealed that Brookdale personnel’s mistakes and carelessness caused the wrongful death of his grandmother, Nora Stephens, who ultimately died from complications caused by pressure ulcers.

Nora developed pressure ulcers on her skin during her stay at Brookdale, yet these were not treated, and the stage four ulcers worsened and became so severe that she suffered from a blood infection followed by gangrene in both of her feet.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Monday, December 30, 2019.

In 1994, a young woman named Laura Gonzalez gave birth to a baby boy at Flushing Hospital Medical Center. Unfortunately, what should have been an event filled with joy quickly turned into tragedy when Laura’s son suffered severe brain damage as well as extensive mental and physical impairments due to hypoxia.

As a result of this birth injury, Laura filed a medical malpractice lawsuit against Flushing Hospital Medical Center in 1995 and the on-call physician in 1996. She alleged negligence for not identifying the signs of fetal distress or responding to the signs of fetal distress in both instances. These two actions were consolidated for a joint trial in 1997. Had the surgeon acted timeously, Laura would have undergone an emergency cesarean section, which would have prevented her baby’s injuries.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Friday, December 27, 2019.

In September 2001, famous sportswriter and broadcaster, Dick Schaap, admitted himself into a New York City hospital for a routine hip replacement surgery. Unfortunately, no one could possibly have predicted that he would never come home.

According to Trish, Dick’s wife, he had previously had a hip-replacement surgery, which he recovered from quickly and only needed to spend five days in the hospital. Naturally, Dick and Trish had no concerns going forward with the second hip-replacement surgery, especially since the surgery would be performed by the same surgeon at the same hospital.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Doctor Errors on Monday, December 23, 2019.

In 1998, a famous comedian called Dana Carvey, made the difficult decision to undergo a double bypass surgery to clear a blocked artery – a decision that he would later come to regret.

According to Carvey, his family has a history of high cholesterol, and he had previously undergone three unsuccessful angioplasties in 1997 to try and alleviate the problems he had been experiencing from the complications that this had caused. In Carvey’s own words, “doctors convinced [him] that surgery was an effective way to resolve the recurring blockage of [his] arteries,” and he decided to undergo open-heart surgery so that he could continue with his life and career unimpeded.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Doctor Errors on Friday, December 20, 2019.

In 2013, a Miami Gardens family was awarded $33.8 million in damages in a medical malpractice lawsuit against a doctor and a nurse whose actions led to their newborn baby boy suffering irreversible brain damage.

The incident occurred in the Jessie Trice Community Health Center when Marla Dixon, who was 19 years old at the time, was denied a Cesarean section by Dr. Ata Atogho and an assisting nurse despite her unborn child having a slowed heart rate. According to reports, Dr. Atogho did not acknowledge this slowed heart rate and left Dixon in order to conduct another delivery. Worse, he was seen speaking on his cellphone throughout the ordeal.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Monday, December 16, 2019.

In 2002, Megan Leston gave birth to a baby boy at New York-Presbyterian Hospital. Unfortunately, her baby was born with a debilitating birth defect known as Cri Du Chat Syndrome that went undiscovered throughout her pregnancy due to the medical malpractice of Dr. Allison Boester.

Upon investigation, it was discovered that Dr. Boester departed from the standard of care expected from the medical profession by:

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CASE OF THE MONTH

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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