Medical Malpractice

Tuesday, August 22, 2017

What is the "standard of care" in New York medical malpractice lawsuits?

When undergoing surgery or any medical procedure, the last thing anyone hopes for is a malpractice issue. Unfortunately, not all medical practitioners perform perfectly every time they touch a patient. Whether the issue is exhaustion, distraction or other personal issues, physician negligence can quickly lead to patient injury and a

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Monday, February 27, 2017

Family of Deceased Nursing Home Patient Files Medical Malpractice Suit

How can I hold a nursing home accountable for injuries to my loved one?

The family members of a deceased nursing home patient have filed suit against the U.S. government, alleging that the elderly veteran died after falling twice in a government run nursing home in New York City. 

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Friday, February 17, 2017

NY Clinic, Feds Face Med Mal Suit Over Stillborn Birth

How do you prove a medical malpractice case?

A federally funded medical clinic in New York was recently hit with a medical malpractice lawsuit alleging that the hospital was negligent in delivering a baby born to a woman suffering from diabetes.  According to the complaint, the stillborn birth resulted from a series of negligent acts on the part of the doctors and other health care staff, including:

  • Failure to properly manage the mother’s diabetic condition during the pregnancy
  • Ignoring abnormal lab results
  • Missing symptoms
  • Delaying orders for cesarean birth

All of these actions, the woman alleges, are inconsistent with the standard of care and led to the stillborn birth of her child.

Medical Malpractice – Standard of Care

Every negligence case involves some sort of duty to behave according to a standard. In ordinary negligence cases, you would want to show that someone did not behave as a reasonable person under the circumstances. 

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Tuesday, July 19, 2016

When Standard Hospital Procedures Fail

Imagine going into the hospital as a patient for one health problem, but coming out with a handful of new problems beyond your wildest nightmare.  A woman of only thirty-three years old, went into the hospital for what she thought would be a standard gynecological procedure.  She was released from the hospital with a completely changed life--her legs and the majority of her hearing was gone.  The patient has been discharged from the hospital, but is now unable to take care of herself or her 13-year-old daughter on her own. 

The woman neared death due to a puncture in her colon that occurred during a laparoscopic procedure.

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Saturday, June 25, 2016

When Cancer is Left Untreated - Do You Have Legal Recourse?

A visibly healthy woman of forty-two years received the shock of her life when a doctor reviewed her pathology records from a hospital in New York.  Apparently, "there was evidence of cancer on 10 out of 40 of the slides" that were taken at the hospital. 

A doctor previously removed a fibroid in her uterus, but left the rest of the cancer in her body.  The patient began to experience extreme back pain about two years later because the untreated cancer in her uterus, liver, and back reached stage four.  Even more heart-wrenching, by the time this information was revealed to her by the reviewing doctor, the patient was no longer eligible to sue this hospital for their malpractice under New York law.  The statute of limitations barred her claim.

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