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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
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September 2014 Archives

Hospital rights for patients in New York

On the New York State Department of Health website, there is a section that deals with the rights a person has when he or she is a patient in a hospital in the state. Regulations and laws are in effect to make sure patients are given quality, safe care while hospitalized. Each person is different, and the law is designed to offer protection to all.

Medical Malpractice where an Overdose of Anesthesia Instigates Death

This is a shocking incident of medical malpractice, where a young man undergoes a regular hernia operation and ends up dead, due to reasons not directly connected with the surgery. This young individual was advised by his doctor to walk through the door for hernia surgery, since it was the best treatment for his condition. The person agrees to the surgery, and he is admitted to a reputed hospital in New York. The surgery proceeds without any complications, and is done in an excellent manner.

Failure to Diagnose in a Medical Malpractice Case

Failure to diagnose a serious condition can be a basis for medical malpractice lawsuit, as the doctor has failed to provide the basic standard of care to the patient. To take an actual example, a person goes to his primary doctor, as he is suffering from significant pain in his left shoulder. The doctor performs a checkup and tells the patient he is fine.

Malpractice Hurts. Even the Small Mistakes

When we think of 'malpractice' we normally assume that the doctor who has been accused of negligence has done something really awful that could have permanent effects on a patient's life and cause bodily injuries; perhaps even death.

Importance of Requests to Charge in a Medical Malpractice Case

At the end of a trial, before closing remarks are given, the attorneys will give the judge a list about various areas of laws that the judge should instruct the jury about. This is known as Requests to Charge. The lists of the plaintiff and defense attorneys will obviously be different. Each of the two lawyers will be listing things that the jury should be instructed about, which are going to be favorable to their client in the case.

Do Credentials of Medical Experts have an Impact in a Medical Malpractice Trial

In medical malpractice cases, both the attorneys will try to prove their points by presenting testimony of medical experts. These testimonies are crucial in determining whether there was wrongdoing, whether the injuries were the result of negligence or carelessness, and the extent of the injuries suffered by the victim.

Anesthesia and Medical Malpractice in New York

Anesthesia is an important part of surgery. And like every other surgical procedure, it has its own risks. There are three types of anesthesia: general, regional, and local. Of these, the general anesthesia is the one with the most serious aftereffects. General anesthesia is used in major surgeries where it is required to put the patient 'under' i.e. cause them to lose all consciousness and sensation. However, if not administered properly it can lead to many problems such as cardiac arrests and even death.

Analyzing surgical malpractice and wrong-site surgery

According to data from the National Practitioner Data Bank, in the year 2012, New York was the top-ranking state for medical malpractice payouts in the nation. As of late, wrong-site surgery errors have been reported more frequently. These highly unforgiving medical mistakes are surgeries performed on the wrong part of the body or on the wrong patient altogether. Likely a fiasco for a surgical team and a disastrous event for a patient, wrong site surgeries are oftentimes caused by a breakdown in communication. The entity known as the Joint Commission on Accreditation of Healthcare Organizations defines these unforeseen occurrences as sentinel events involving death or serious injury.

Wrong-site surgery avoidable via simple precautions

Despite advances in medical technology and an ever-increasing understanding of the failures that lead to medical malpractice, avoidable medical errors continue to occur at an alarming rate in New York hospitals and those nationwide. Due to ignorance or disregard of well-established safeguards, surgeons still perform surgical procedures on the wrong parts of the patients' bodies.

What is the Objection When the Lawyer Says it is Privileged

During the course of a medical malpractice or accident case trial, several objections are raised by both lawyers. The lawyer raising the objection will have to give a reason for the objection, and the judge will have to make an on the spot decision about it. If the judge feels the objection is appropriate, he will rule, "objection sustained", and if he feels the objections is improper, he will say, "objection overruled".

What Happens When the Jury is Deadlocked and is Unable to Make a Decision

For medical malpractice, wrongful death, or accident cases in New York, there is a jury trial. The jury will usually have six members, and at least five members should unanimously agree to a decision to reach a verdict. Only when five members of the jury are agreeable to a decision, a judgment can be passed.

Types of Damages in Medical Malpractice Lawsuit and Medicare Issues

The whole purpose of filing a medical malpractice lawsuit is to claim damages for harm and damages suffered by the victim. However, there are various types of damages, and one should know what could be claimed in a medical malpractice lawsuit. Damages can be broadly classified into two categories, economic and non-economic damages.

Can You Present a Rebuttal Expert Witness in a Medical Malpractice Case

In a medical malpractice case, the victim will be first allowed to present expert witnesses in support of the claim, and after that, the defense will have the chance to present their expert witnesses to refute the claim. This is the usual way, medical malpractice case proceeds at trial, and the defense's expert witnesses get to have the final say. However, does the victim have a right to present a rebuttal witness to counter the points made by the defense's expert witness? This is allowed only in certain instances.

Can You Bring a Medical Malpractice Case for Laparoscopic Gyn Surgery

Laparoscopic surgery is considered safe, since it is minimally invasive procedure compared to normal surgery. Doctors use fiber optic tools and perform the surgery through very small incision/s, whereas in ordinary surgery the incisions will be huge. However, there are still many risks involved in laparoscopic gyn surgery and you can initiate a medical malpractice lawsuit, if you feel the surgeon did not provide the expected level of medical care.

Death of comedienne leads state to investigate facility

The passing of celebrity Joan Rivers has caused the New York State Department of Health to investigate Yorkville Endoscopy. Joan was at the clinic to undergo a routine procedure on her vocal cords. During the procedure, she unexpectedly stopped breathing and later experienced cardiac arrest. Personnel were able to revive her before transporting her to a hospital where she was intentionally placed into a temporary coma. Joan was moved to private room where she was comfortable until finally passing away.

Simple Cataract Surgery can be Grounds for a Medical Malpractice Case

A patient is convinced by his eye doctor to undergo cataract surgery. However during the surgery, the doctor inserts the wrong lens, and because of that the patient loses sight in that eye. The patient was experiencing some blurriness in one eye and it was not a major issue. However, the eye doctor convinced the patient that he needed cataract surgery for this issue.

The Importance of Maintaining 'Chain of Custody' for Your Medical Records

In criminal law, the term 'chain of custody' is a familiar concept and until some years back it was not a major concern for civil litigators. But with the advent of online records, the actual nature of evidence in civil litigation has undergone a sea change. From tangible paper records to electronic data, the average New York lawyer now has to change his attitude towards records used as evidence in court. And that means being hyper aware of the chain of custody (COC) and how this can affect the outcome of the trial.

A Medical Malpractice Case for Leaving a Foreign Object Inside the Patient

To file a medical malpractice case where a foreign object has been left inside the patient, there are several aspects to be considered. They are:

Eyelid surgery gone wrong; what do you do if your surgeon refuses to accept blame?

America is using cosmetic and plastic surgery like never before. For health reasons, and also for purely aesthetic causes, the country is turning to its surgeons in a bid to achieve perfection. One of the most common plastic surgery procedures in America today is an eyelid surgery - known in medical terms as a blepharoplasty.

The Importance of a Treatment Plan for Claiming a Benefit for the Continuous Treatment Rule

There is a doctrine in the law known as continuous treatment rule, which extends the time a patient has in filing a medical malpractice lawsuit. This legally means, tolling the statute of limitations. In order to receive the advantage of continuous treatment, the patient has to continue the treatment for the same condition. This illustrates that if the patient is going to the doctor for some other complain or condition, the rule of continuous treatment will not apply.

Basics of a Medical Malpractice Case

Another name for medical malpractice is medical negligence or the carelessness of the doctor. In New York, medical malpractice is often seen as deviation from the accepted standards of medical care or violation of basic standards of quality medical care. In a valid medical malpractice case, liability, causation, and damages should be proved. In simple terms, the lawyer must show that there was wrongdoing, this wrongdoing caused injury, and such injury is significant or permanent. However, you still cannot start a medical malpractice lawsuit in New York, since the state requires a medical expert confirming each of these three elements.

When is Expert Testimony not Required in a Medical Malpractice Case

In a medical malpractice case, the victim usually has to present the testimony of a medical expert in support of the claim. The expert testimony will show the jury that there was wrongdoing by the medical practitioner, and such wrongdoing caused the injury, and the resulting injury is significant or permanent. However, in certain instances, a medical malpractice case will not need the expert testimony of a medical expert. The legal phrase for "expert testimony not required" is "Res Ipsa Loquitor".

Cause of Death in a Wrongful Death Case

In a wrongful death case, the main thing the jury will want to know is what caused the death of the person. A pathologist is usually called to provide this information. A pathologist is an expert doctor who specializes in understanding the cause of death of a person. The pathologist will perform an autopsy, which is a clinical examination of the individual's body. When the autopsy is undertaken and done, the main purpose would be to evaluate and find out why the person died.

How much does a Lawyer Charge for a Medical Malpractice Case in New York

Once the lawyer has reviewed the medical records of the client and found that there is a valid medical malpractice case with liability, causation, and damages, the lawyer will either accept the case or refer the client to a lawyer who specializes in such cases. However, the lawyer will have to explain to the client how medical malpractice cases work, and what are its costs. Apart from the costs of fighting the case, the lawyer will be charging fees.

Can You File a Medical Malpractice Lawsuit after the Permitted Time is Over

In the state of New York, you can bring a case of medical malpractice against a municipal hospital within 90 days of the wrongdoing. However, what happens if these 90 days have passed and the victim wants to file a lawsuit? There are certain provisions in the law that will allow a medical malpractice victim still to file a lawsuit, but the procedure can be quite challenging and there are chances of the court not permitting the lawsuit.

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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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