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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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August 2014 Archives

Surgical black box device

New York residents may benefit if the surgical tracking box ever makes it to market in the U.S. According to CNN, researchers in Canada are currently developing a device that would be analogous to the black box recorder used in the aircraft industry. However, the surgical black box will not only record errors, but it may be able to help surgeons avoid from committing errors as well. While many praise the educational component of the new tool, others have cited potential legal issues.

Almost all Types of Lawyers come Across Instances of Medical Malpractice

Unfortunately, even with the improved technology and better hospitals, medical malpractice is still a very large problem. In fact, all types of lawyers come across clients who have suffered due to medical malpractice and have to guide them to the proper lawyer who specializes in such cases. For instance, you could be a lawyer specializing in workers compensation and you might be handling a case where the employee of a construction company has sustained a crushing injury to his arm from a forklift.

Challenges in Filing a Medical Malpractice Lawsuit in New York

The organization responsible for municipal hospitals is New York City is HHC (Health and Hospitals Corporation). If there is a wrongdoing by these hospitals, the patient only has 90 days to file a notice of claim against the hospital from the date of the wrongdoing. After that, the patient has another one year and ninety days to file a lawsuit.

Medical Malpractice - Injuries at Birth and Development Issues

Many things can go wrong during childbirth. Babies can be deprived of oxygen, if the delivery is not performed in a timely fashion. There could also be an issue with the heart rate of the baby, and because nobody has detected the decreased heart rate and the baby is not delivered in time, it can result in serious brain damage that can be permanent. In view of these serious issues, it is important to detect such instances that might have occurred during childbirth.

What should You do when the Defense Shoots Down Your Settlement Claim

You may have an eligible case of personal injury or malpractice that you are suing for damages in the court. But be assured that the defense lawyers will always begin by saying that the settlement you are claiming is way too much for the defendant to pay; even if it is proved fair and square that the accident or injury was not your fault at all.

The Pros and Cons of Admitting Liability in a New York Medical Malpractie Lawsuit

There are many times in a personal injury or medical malpractice lawsuit in New York where the defending lawyer knows, and perhaps even admits, to his client's fault in the events that caused the plaintiff to file a case. And yet, many defending lawyers are wary of admitting liability outright and discussing damages and compensation in court. What is it that makes defendants and their lawyers so scared of admitting guilt?

Risks Involved with Laparoscopic Gynecological Surgery

Laparoscopic gynecological surgery is an advanced alternative to open surgery and it is used in many cases, for both diagnostic and surgical procedures. The use of laparoscopy takes away the need for open abdominal and vaginal surgery. Cyst removal, tubal ligation, and hysterectomy procedures can be performed easily with this method. Normally, it is quite safe and effective as well.

Filing for a Birth Injury Medical Malpractice Lawsuit in New York

Medical negligence at the time of birth can lead to several tragic scenarios. One of which is that your child may be born with severe brain damage due to an untimely delivery, or because the baby's heart rate dropped below the minimum level at some point during the birth process. The resulting loss of oxygen to the fetus can cause asphyxiation, leading to a permanent brain injury.

Dental Malpractice - A Violation of Basic Standard of Care

A simple medical or dental procedure can go horribly wrong, when basic standard of care is violated by the doctor or dentist. Due to this, the case of the patient becomes much more complicated, and the remedial measures to correct the original mistake are not only expensive, but can also cause lot of emotional trauma and physical suffering to the patient. This is a classic case of medical malpractice, where the complications could have been avoided if the doctor had not violated basic standard of care.

Admitting Liability in a Medical Malpractice Case

In most medical malpractice cases, the defending doctor has failed to provide the required standard of care, which has resulted in harm to the patient. In certain cases, the liability is obvious, and the defendant's lawyer might even recognize and agree that the doctor had clearly departed from providing good medical care. However, in most cases the doctor's lawyer will not admit this in court and will waste time trying to prove to the court that the doctor was not responsible for the malpractice and the resulting injuries to the patient.

A Minor Procedure can Damage a Person's Life

Most medical malpractice cases are not about complicated surgical procedures, and in fact are to do with minor procedures that go horribly wrong because the doctor was unaware of the consequences of such procedure or did not have the right knowledge about the implants used in the procedure. Here is a case of a young person in New York who suffered extensive emotional and physical trauma because the doctor did not know what he was doing and failed to provide the required standard of care.

Suing a Doctor for Delaying Treatment

Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor's path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.

Establishing Liability for Defective Breast Implants

You will probably have grounds for a lawsuit or might be entitled to recover from a class action lawsuit, if breast implants you have used turns out to be defective. If a persona is harmed due to such a faulty implant, the medical malpractice lawsuit may be filed against the manufacturer, in most cases, or against the plastic surgeon.

Dealing with misdiagnosis issues

New York health care providers are among those who must contend with the implications of misdiagnosis. The issue is significant, and according to experts, solutions are slow in coming. The areas affected have remained consistent since the term and definition for misdiagnosis were coined in 2005. Diagnostic errors tend to be particularly common for cancer and cardiovascular issues as well as for infections. Some of the most common failure to diagnose issues include bowel perforation, pulmonary embolism and myocardial infarction.

Avoiding doctors errors

A typical visit to a doctor in New York consists of reviewing the patient's medical records and continuation of treatment. It is important to disclose any pertinent information about the family history. Withholding this type of information may lead to improper diagnosis, incorrect prescriptions and inappropriate treatment. It is also vital to ask questions and become better educated about the entire process.

Obtaining Medical Malpractice Compensation for a Defective Pelvic Mesh

Many women suffer from pelvic organ prolapse or a dropping of some organs in the pelvic region such as the bladder, urethra, and small bowel because of weakened pelvic muscles after child birth or surgery. This can lead to stress related urinary incontinence and pain. Many gynecologists have been treating this condition using a pelvic mesh.

The Crucial Nature of the Credentials of Medical Experts in the Courtroom

Almost every case that comes up for jury trial has multiple aspects such as the evidence, expert testimony, and the legal arguments. In many of these cases, the expert witness is a medical practitioner. Such expert witnesses are called to testify in medical malpractice cases, accident and injury cases, and so on.

How does Challenge for Cause Work during Jury Selection in a Medical Malpractice Case

The process of empanelling a jury is one of the most important pre-trial processes for any lawyer. The techniques of choosing jury members from the venire pool, known as voir dire in legal parlance, is taught to law students so that they can use it effectively in all their cases. One of the techniques used in the selection process is the 'challenge for cause'. It is an effective method that medical malpractice lawyers can use to screen potential jurors before empanelling.

Choosing the Right Doctor to Testify in Your Medical Malpractice Trial

When a medical malpractice lawsuit goes to trial, lawyers sometimes bring in expert or specific doctors to testify in court hoping that the testimony will make their case stronger. It is essential in these circumstances to choose the right kind of medical expert to testify on your behalf, because a lot hinges on these 'expert' testimonies and a wrong move can turn the case right around on its head.

Jury finds physician negligent; patient awarded $2.3 million

According to a recent report in the Journal News, a New York resident was awarded $2.3 million in a medical malpractice claim. In the lawsuit, the man claimed that a surgeon with Nyack Hospital failed to treat a severe hip infection that caused him to undergo an entire hip replacement.

Illnesses that New York doctors may fail to diagnose correctly

In as many as 20 percent of all cases, a patient may be misdiagnosed, incorrectly diagnosed or not diagnosed with a condition in a timely manner. In these cases, the consequences for the patient can be severe and might result in permanent injury or death in worst-case scenarios. A study of autopsy and malpractice data by the Internet Journal of Family Practice found that there were several illnesses that were the most commonly misdiagnosed.

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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.

Medical Malpractice Blog

$25 million verdict against New York Methodist Hospital
When a child is born, parents expect the doctor, nurses and other staff to provide care that is up to the...
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