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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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January 2015 Archives

The impact of adverse events on New York patients

According to a study done by the Journal of Patient Safety, as many as 440,000 patients may die each year due to hospital medical errors. If the figure is accurate, it would represent a significant increase when compared to earlier studies. In 1999, a notable study conducted by the Institute of Medicine found that 98,000 people allegedly die each year due to hospital errors.

Multiple patients get sick after getting simulated saline

New York residents may be interested in a story involving at least 40 patients who were given the wrong intravenous fluid in the U.S. Officials said on Jan. 14 that the patients received an intravenous fluid intended for simulation purposes only. The unsterilized fluid is commonly used to help train nurses and others who practice administering the saline to a high-tech mannequin. Although one person died from the simulated product, it is not clear if the death was directly caused by the substance.

A Structured Settlement in a Medical Malpractice Case

In most medical malpractice cases, large amounts are involved in damages. If you have won your medical malpractice case, then a structured settlement will allow you to have the large sum paid out to you over time. You might want to consider having a structured settlement, since it offers certain advantages over receiving the whole amount at one time.

What can You do to Initiate a Medical Malpractice Lawsuit

When you are undergoing treatment in hospital, you feel that the doctor or the hospital staff has done something wrong to cause you significant harm. However, you are not sure because the doctor and the hospital staff are not being honest with you. What can you do to learn the truth?

Mediation before a Medical Malpractice Trial

Your medical malpractice case is scheduled to begin trial in just two weeks, and at this time, the defense calls your lawyer up and says they want to mediate the case. Should you go along with this mediation request and see what they have to offer, or should you deny it and go ahead with the trial?

Why do Insurance Company Representatives Attend Trials

After settlement negotiations break down, your medical malpractice case will go to trial. Usually, the doctor or hospital you are suing is protected by some sort of insurance, and you might want to know if the insurance company representatives or supervisor will come to court, and listen to what is going on in the trial.

What happens When a Judge takes Over the Questioning of a Witness

The plaintiff's lawyer is questioning a witness in a medical malpractice case, and the judge stops the lawyer, and takes over the questioning of the witness. In such an instance, what can the lawyer do if the judge takes over questioning when he is the middle of cross-examining a witness?

When assisted delivery with forceps may be necessary

Many New York mothers experience complications when delivering their babies that require doctors to help the process along with the use of forceps. This is an accepted practice that can help avert life-threatening birth emergencies. Babies generally suffer minimal side effects, if any, of the procedure. However, some babies suffer serious injuries when being delivered with the use of forceps. This is more likely when doctors fail to prepare for certain emergencies even when mothers display risk factors for complications.

Representing New York victims of surgical malpractice

As many New York patients know, there is an implicit yet rightful expectation held by individuals when they make arrangements at a health care institution or medical office to undergo surgery. The expectation is that the licensed medical professional performing the operation will bring with them to the operating room sufficient training and competency to avoid careless, avoidable mistakes. However, thousands of incidents of surgical errors occur each year, and you may have been the victim of one.

Should You File a Complaint with Department of Health while Starting a Medical Malpractice Case

You have suffered injuries because of your doctor's or hospital's carelessness and you are contemplating bringing a medical malpractice lawsuit. However, at the same time you are also considering filing a claim with the New York State Department of Health. Can this help you with your medical malpractice case?

What happens when the Defense Refuses to Comply with the Judge's Order

In your medical malpractice case, the judge orders the defense to turn over their medical records, but they refuse to comply with this court's order. Is there a penalty for the defense refusing the judge's order and complying with it?

Should Attorneys Reveal Information about Insurance

During jury selection, a potential juror inquires if there is available insurance. The juror wanted to know that if they find the doctor guilty of causing harm to the plaintiff, the compensation money would come out of the insurance company rather than the pocket of the doctor. What should the plaintiff's lawyer answer to this type of question?

Will Your Second Doctor Testify against Your First Doctor

The new doctor you are consulting, tells you on your very first visit that your previous doctor has made some serious errors in regarding your health and diagnosis. If you decide to bring a medical malpractice case against your first doctor, then can you call your second doctor to testify against your original doctor?

Vicarious Liability in a Medical Malpractice Case

When you bring a lawsuit against a doctor for medical malpractice in the state of New York, you always have to incorporate their medical group as well. This is because of vicarious liability, which in its most basic and simplistic form means, the employer is responsible for the acts of his or her employee.

Emotional Trauma and Psychological Injuries in a Medical Malpractice Case

What happens when you have suffered mental and emotional damages apart from the physical injuries in your malpractice case? You can definitely claim damages for your emotional trauma and injuries, provided you have also suffered physical injuries.

Is there a Difference between a Medical Malpractice and a Personal Injury Lawyer

When you are trying to find a medical malpractice attorney in New York, and you happen to know a personal injury attorney, you would want to know if this lawyer could handle your medical malpractice case.

What happens When the Mediator does not Know How to Negotiate

Your medical malpractice case is close to trial and both sides have agreed to mediate the case, which means, settle it out of court before it gets to trial. Both sides agreed that it would be better to save time, effort, and money by mediating than actually trying the case. The mediation process is presided over by a mediator who is usually a retired judge or highly experienced attorney.

How to Cope With an Improper Question at a Medical Malpractice Deposition?

You feel your doctor has failed to diagnose your cancer in a timely manner and because of that, you have suffered significant harm and injury. You file a medical malpractice lawsuit, and when you are questioned at the pretrial question and answer session called a deposition, the defense attorney asks you why you chose to bring a lawsuit at this time. Now, do you have to give an answer to this type of question?

Speaking with the Judge during Settlement Discussions

During a pretrial settlement conference, what is the likelihood that you will be able to speak to the judge, who is supervising these settlement discussions? As your medical malpractice or personal injury case gets up to the point of trial, pretrial settlement discussion will be held.

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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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Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
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