Medical Malpractice
What is Res Ipsa Loquitur in a New York personal injury case?
The law is full of Latin phrases that may not make sense to those outside the legal profession, although they signify conditions that can affect your case. One of them is res ipsa loquitur, which means “the thing speaks for itself.” When you file a personal injury claim, you are generally required to prove how…
Read MoreCan you file a personal injury claim with no medical bills?
If there are no medical bills involved in your case, can you file a personal injury claim? In general, the answer is no. For a personal injury case to be valid, you need to establish who was negligent and what damages you suffered as a result of their actions or omissions. To satisfy the latter…
Read MoreFamily of Neil Armstrong wins medical malpractice suit
In 2012, former astronaut Neil Armstrong died in an alleged case of medical malpractice. The 82-year-old had undergone cardiac bypass surgery in August and, according to leaked documents, experienced a tear when a nurse removed the wires from his temporary pacemaker, causing him to suffer internal bleeding. The staff at Mercy Health — Fairfield Hospital…
Read MoreNew York bill expands informed consent requirement for medical procedures
Informed consent is one of the fundamental rules of medical ethics. As a patient, you have the right to control what healthcare procedures you undergo, but most laypeople lack in-depth medical knowledge, so your rights are protected by informed consent, meaning that you cannot fully consent to a procedure or treatment until you know enough…
Read MoreNo personal injury attorney will take my case!
We are often contacted by people who say that they have consulted with multiple personal injury attorneys across New York and failed to find one who will take their case. They’re confused and wondering why each consultation ends with a polite, “No.” Let us start by saying that most attorneys genuinely want to help you,…
Read MoreExpert witness testimony in a personal injury case
If you file a personal injury claim after an accident in New York, then the witnesses called to support your case can make a pivotal difference in the outcome. Witnesses to the accident can provide relevant testimony that supports your version of how it happened, who appeared to be at fault and any visible damages…
Read MoreWhat is the collateral source rule?
The collateral source rule is a legal principle that prevents someone from recovering compensation twice for the same damages. In other words, the goal is to stop someone from “double dipping” at a defendant’s expense. Let’s look at a hypothetical example. You were rear-ended while driving home on the Cross Bronx Expressway and hurt your…
Read MoreDistracted doctors?
It’s common knowledge that distracted driving can cause serious injury and death. What’s not as well known is that you can also be at risk on your way to the operating room—even if you’re not the one distracted by your phone. How many times have you walked into a store or restaurant and seen employees…
Read MoreSuing a dentist for malpractice in New York
In October 2017, a Maine jury awarded Stephen Darnell Jr. close to $300,000 in damages in a clear case of dental malpractice. In 2011 Mr. Darnell’s mouth became infected after Dr. Jan Kippax removed two of his molars, forcing doctors to operate on his jaw and implant drains to remove accumulated pus. His attorneys claimed…
Read MoreNew York’s comparative negligence rule explained
When you’re seeking compensation for car accident injuries, you’re going to hear the term “comparative negligence” used a lot. If settlement negotiations fail and your case proceeds to court, the judge hearing your case will have to determine which party is at fault or, if both share the blame, the extent to which each person…
Read MoreNew Year’s food poisoning—what to do
While many people throughout New York will be celebrating New Year’s Eve at home, others are planning to have a night of it. They will flock to Times Square, attend the all-night dance party at the Ditty in Astoria, or attend a visual extravaganza at the Grand Ball at the 1896. At some point between…
Read MoreMisdiagnosis as the basis of a New York medical malpractice claim
We rely on medical practitioners to diagnose our illnesses correctly so that we can receive the treatment we need. When misdiagnosis occurs, our health and even lives can be placed at risk. When this misdiagnosis occurs due to negligence, the medical practitioner could be liable for medical malpractice. What are the different types of misdiagnosis?…
Read MoreMirena IUD lawsuits on the rise
Pharmaceutical giant Bayer is now facing lawsuits from literally thousands of women across the United States. The majority of these plaintiffs are claiming that the intrauterine device (IUD) Mirena has significant and life-threatening side effects that Bayer intentionally declined to make public. Instead of advising doctors of these risks, they allege, the company remained silent…
Read MoreCompounding pharmacies medical malpractice
A compounded medication is made when separate ingredients are combined in a specific dosage for a particular patient. While this process allows doctors to customize drugs for their patients, it has also resulted in serious problems that include but are not limited to medical malpractice claims that arise from the following situations: Using the wrong…
Read MoreBringing a personal injury claim against the government
All kinds of injuries occur on public property. People trip on defective sidewalks, vehicles collide when traffic lights malfunction, and pedestrians stumble into excavation sites that are poorly marked, especially at night. In these cases, the agency responsible for maintaining the sidewalks or traffic signals should be held legally responsible, and they can be, under…
Read MoreRequesting your medical records in a personal injury case
When you are embarking on a personal injury claim, you will have to request your medical records, as these documents will serve as key evidence in any settlement demand or offer. These records confirm details such as: Proof of your physical injuries Assessment of the injuries Medical treatment costs, which can help to calculate any…
Read MoreAvoid jeopardizing your personal injury claim
When you file a personal injury claim, your attorney will let you know what to expect and guide you through any litigation or settlement processes. There’s no denying, however, that suing for damages is a unique experience for most people, and you could unintentionally jeopardize your chances of a successful outcome in your case. Below…
Read MoreWhat is discovery in a personal injury case?
When you are involved in a personal injury case, the process of discovery enables you—and your attorney to gather information about the other side’s case. There are several ways that important information can be gathered according to the state or federal rules of civil procedure. Interrogatories Interrogatories consist of a series of questions posed to…
Read MorePharmacy malpractice in New York City
Pharmacists and pharmacy professionals have an obligation to provide safe and quality medical care to patients. When they are negligent in their responsibilities regarding the standard of care (for example, causing someone to take the wrong medication or an incorrect dosage), serious illness, permanent injury and even death can occur. According to the Institute of…
Read MoreQuestions to ask a personal injury attorney
If you have been seriously injured in New York due to someone else’s negligence and want a personal injury attorney to represent you in a subsequent lawsuit, then choosing the right attorney for you is priority number one. How do you find an attorney you can trust and want to work with? By asking the…
Read MoreDefective Drug Litigation in New York
Although pharmaceutical companies are required to thoroughly test all prescription drugs before FDA approval can be granted, certain corporations seek to improve their bottom line by marketing their drugs before all testing is properly completed. In some instances, these companies know about the potential for adverse side effects but take their chances anyway. It’s an…
Read MoreParaplegia and quadriplegia injuries in New York
Personal injuries that result in paraplegia or quadriplegia are both physically and emotionally devastating. Once you lose the ability to move some or all of your limbs, your life will never be the same. You will never be able to play with your children, participate in sports and other forms of invigorating exercise, or even…
Read MoreBirth injuries
Few personal injuries are more tragic than those experienced by infants while they are being born. Medical personnel such as doctors, nurses, and other professionals are expected to have the qualifications and experience to act swiftly and appropriately when complications arise. Unfortunately, some of them do not exercise the mandated level of care, resulting in…
Read MoreMedical malpractice in New York
According to an analysis carried out by the U.S. Center for Disease Control and Prevention (CDC), medical errors could be the third leading cause of death in the United States. All it can take is a single mistake or act of negligence to forever change your life or that of someone you love. Regardless of…
Read MoreWho can I hold liable for a catastrophic injury in New York?
If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…
Read MoreWhat Is negligence and why does it matter for my personal injury case?
In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…
Read MoreWhat is the most important quality in a personal injury attorney?
After you have been injured in an accident in New York, you need to hire a personal injury attorney you can trust. With so many lawyers out there, it can be difficult to narrow down your list and determine who is most appropriate to help you. One of the most important qualities to look for…
Read MoreThree key steps to take post-car accident
There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…
Read MoreIs the settlement I received for my personal injury lawsuit taxable?
For the most part, proceeds received as a result of a personal injury claim are not taxable under state or federal law, and it does not matter whether this case was settled outside of court or as a result of a jury  verdict. In the majority of situations, the state and federal government cannot tax…
Read MorePoliticians encourage passage of “Lavern’s Lawâ€
Two years after a Brooklyn mother passed away as a result of medical malpractice, politicians want to amend a New York law that prevented her family and others from suing the responsible parties. In March 2013, Lavern Wilkinson passed away after a battle with curable lung cancer. She had an X-ray taken in 2010 that…
Read MoreWhat to do in the event of a surgical error
When you head into surgery, there’s a lot of trust that you’re placing in the hands of your physician. You need to be able to trust that he or she is dedicated to carrying through the process with minimal negative impact to you and that full attention is provided to your case so long as…
Read MoreShould I get a second medical opinion if I have a malpractice case?
The relationship between doctor and patient is built on trust, but all that might be shattered in the event of medical malpractice. If you believe that a doctor’s negligence has caused serious injuries, then you need to determine your health status carefully in addition to consulting with a New York medical malpractice attorney. Your first…
Read MoreMan claims medical malpractice against doctors and hospitals after car accident
In a medical malpractice trial case reported by the New York Law Journal on May 5, 2014, a man alleged that his leg was needlessly amputated. The man was involved in a car accident in which his leg was essential crushed. He faced a fracture, and mutilation of muscle, and arteries and veins on one…
Read MoreMan allowed to claim medical malpractice several years after procedure
A man had three eye surgeries between 2007 and 2008 according to a recent issue of the New York Law Journal. After the surgeries, he had post-operative appointments with his hospital doctors that were important for his health. He kept these appointments and attended them regularly. In 2012, the man accused his doctors of medical…
Read MoreMedical malpractice: Doctors did not take action regarding spine of scoliosis patient
Scoliosis is a serious medical condition that causes one’s spine to bend to the side. The spine typically does not lean left or right, but if it does, a medical procedure may be necessary to correct the condition before it becomes worse and dangerously damaging. In one case of scoliosis medical malpractice, a girl saw…
Read MoreNew court decision permits people to sue cruise lines for medical malpractice
In the past, cruise lines could not be sued for medical malpractice. One of their major arguments was that doctors were independent contractors from the cruise line. Thus, following the ruling in a 1988 case, they were not employees of cruise ships. Therefore, people could not sue a line such as Royal Caribbean or Norwegian…
Read MoreGovernment to penalize hospitals where too many patients deal with infections and ‘avoidable injuries’
Medical malpractice is a costly mistake. If someone is treated by a physician and that doctor deviates from the normal standard of care of his or her profession, then that doctor may have committed medical malpractice. For example, if a surgeon leaves sponges or other foreign materials inside a patient, then that surgeon may have…
Read MoreJury to decide medical malpractice and wrongful death case
A surgeon left a sponge in her during a 17-hour surgery. The woman died at age 58 months after the surgery, and her husband is filing a medical malpractice lawsuit and a wrongful death lawsuit against the doctor that performed the surgery according to the Dayton Daily News in a July 14, 2014 article. The…
Read MoreEffectiveness of “Scrambler Therapy†at crux of insurance claim court case
Scrambler Therapy, formally known as “Calmare Pain Therapy†is an electrical treatment for physical pain. It is typically used for pain caused by cancer treatments, chemotherapy and certain types of pains that are drug-resistant according to the therapy’s website. This therapy is different from other pain-reducing therapies at its core because it is a “biomedical…
Read MoreVideo: Medical Malpractice: What if a doctor says nothing can be done?
Judge attempts to lower wife’s loss of services award in medical malpractice case
In a recent medical malpractice case, the victim was awarded $3.8 million. Additionally, according to the Daily News on July 16, 2014, the jury awarded the wife $1 million for “loss of services.†A loss of services award can be given to an injured person’s spouse for the loss of the ability of their spouse…
Read MoreVideo: Understanding Misdiagnosis & Medical Malpractice
With no expert witness and a weak argument, injured patient looses medical malpractice case
In a medical malpractice trial, it is customary for one or both of the parties to have an expert witness. Expert witnesses explain medical jargon to the court and jury. Medical malpractice occurs in cases of negligence when a doctor deviates from the normal standards of care, which often results in injury or illness. Expert…
Read MoreConflicting statements prevent summary judgment
In medical malpractice cases it is essential that the injured party pleads with specificity the injury that he or she sustained. If this is not done then the person who allegedly committed the malpractice is most likely going to move for summary judgment and it is going to be granted by the court. Â In medical…
Read MoreExtension granted in malpractice case
Generally an injured party has 2 and one-half years in order to commence a suit against a doctor. However, this time has been extended for chiropractors, so the suit must be commenced within 3 years of the injury, as held by the Appellate Court, as reported by a New York Law Journal in a February…
Read MoreDoctors not responsible for the death of former patient
A hospital patient, who was discharged, committed suicide following his release, as reported by the New York Law Journal in a March 14, 2014 article. The man disclosed to his doctor that he was leaving his wife, and wanted to relieve this stress. The man also told his doctor that he was so miserable and…
Read MoreTort reform law is invalid
To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages. Moreover, tort reform laws vary by state. About three years…
Read MoreWhat is a “tort?”
Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article. Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…
Read MoreCases must be filed properly and in the right place
A school worker was injured when he fell through the roof of the school where he was employed. As a result the school employee was taken to the nearest hospital for treatment of his injuries. At the New York City owned the hospital, the school employee was not properly treated or taken care of. Thus,…
Read MoreDoctor should have discovered medical issue earlier
A New York City taxi driver underwent a surgery in which staples were placed in his stomach and to limit his food intake, as reported by the New York Law Journal in a January 28, 2013 news article. After the surgery, the NYC taxi driver was hospitalized for about a month and after he was…
Read MoreVideo: Bronx Malpractice Lawyer On “Deadly” Gastric Surgery Band
Can an attorney withdraw from his case?
An attorney can withdraw from his or her cases only if the court grants the attorney’s motion or order to show cause for withdrawal.  For every case the attorney wants to withdraw from, a motion or order to show cause needs to be made by the attorney and granted by the court. In a recent…
Read MoreBronx medical malpractice attorney on a doctor’s mistake that allows recovery
About four years ago, a social worker underwent a surgery where her gallbladder was removed at a New York City-owned hospital in Bronx, New York. The doctor who performed the surgery used a laparoscope which is a tube with a camera that allows the doctor to view the abdomen and pelvic area. The laparoscope pierced…
Read MoreIssue of retirement needs to be resolved in medical malpractice case
There was a malpractice action that was brought against a dentist a few years ago, and the dentist tried to get the case dismissed claiming that there was no standing since the statute of limitations had run out, as reported by the New York Law Journal in a March 27, 2013 news article. In addition,…
Read MoreOne state’s lawmakers propose placing higher standards for medical malpractice lawsuits
A Missouri state Senator has proposed a bill that would require all medical malpractice suits to establish a higher standard of evidence when seeking non-economic damages. Non-economic damages are damages that resulted from the accident but do not have a set monetary amount. For example, a non-economic damages would be pain and suffering and emotional…
Read MoreCivil rights claim over treatment at VA hospital dismissed
A black patient went to a Veterans Affairs hospital where a few surgeries were performed on him, and these surgeries failed. As a result, the patient sued pro se for medical malpractice. Â Pro se is when a client represents himself or herself in a legal proceeding. Also, when the patient went for one of the…
Read MoreDelay in diagnosis does not give rise to inmate’s deliberate indifference claim
The population of New York City is vast, and it continues to grow. Sometimes ordinary citizens are overlooked and treated like second class citizens. Prisoners that are incarcerated lose some rights as civilians, but not the freedom against medical malpractice. In a case reported by the New York Law Journal, inmate Virgil sued Darlak, Keith,…
Read MoreDoes a patient have to consent to test and/or procedures?
Usually a doctor has to obtain a patient’s consent before administering any type of test and or procedure. However, in emergency situations or life threatening situations this is usually not the case. In a recent case, a hospital and a medical center were sued when one of its patient’s families claimed that they committed medical…
Read MoreBronx lawyer on a new medical malpractice process
Today, there are more and more medical malpractice cases pending due to injuries resulting from the physician deviating from the standard of care that is exemplified in the field. As a result, these cases usually take a while before they are actually litigated. Thus, the Unified Court System is trying to make the process simpler,…
Read MoreLawmakers modify laws governing review of a medical malpractice dispute
Before a medical malpractice case will appear before a court in Utah, the filing party must first go through a pre-litigation panel, as reported by Salt Lake Tribune in a February 21, 2013 new article. This panel is to help rid the court system of frivolous suits. The panel will help decide whether or not…
Read MoreMisdiagnosis results in brain damage for child
A mother is suing, on behalf of her daughter, after the girl’s doctor misdiagnosed her leaving her child brain-damaged, as reported by the Lowell Star in a February 27, 2013 online news article. The child, who is now 15, sought the medical aid of the doctor after becoming extremely ill. The doctor conducted an examination…
Read MoreBronx malpractice lawyer says that one can be liable for causing an accident
AÂ manager of a warehouse carried a few boxes to the next floor as the elevator was not working. As a result, he injured his back and had surgery, which he alleged caused more pain as one of his nerves was damaged from the surgery, as reported by the New York Law Journal in an…
Read MoreVideo: One state looks to limit medical malpractie suit guidelines
Hip surgery ends in injury and alleged medical malpractice
A patient underwent hip surgery and her hip was substituted with a prosthetic one in 2006. However, the prosthetic one did not react well with her body and it failed as reported by the New York Law Journal in a June 12, 2013 news article. The patient could not handle the pain, so she tried…
Read MoreJury awarded high amount to woman after a severed limb as an injury as a result of medical malpractice
According to a Spokesman.com article published on March 29, 2013, a jury awarded $813,000 to a woman who lost her foot after by her local physician’s wrongful diagnosis. The injury arose after the woman went to the doctor in 2004 complaining of pain. According to the court papers during the first meeting the doctor failed…
Read MoreState legislators put financial caps on medical malpractice damages
Missouri legislature voted to place a cap on the amount petitioner’s may receive for non-economic monetary relief in medical malpractice suits, as reported by News-Leader.com in a March 29th, 2013 news article. The House bill recently passed 93 to 62. Under the new laws, there is a state maximum limit of $350,000 that a party…
Read MoreSlip and fall case dismissed after judge finds that injuries claimed did not arise out of the accident
Staten Island Live reported in a March 3, 2013 news article that a Staten Island justice dismissed a lawsuit filed after a slip and fall accident. According to the court documents the woman claimed damages against Con Edison after an accident that resulted from the woman falling on a manhole that was covered. The woman…
Read MoreSurgeon’s claims inadequately pleaded
According to an article published in the New York Law Journal, dated January 23, 2013 (dec.nylj.com/1202585001248), Dr. Lesesne performed several plastic surgeries on Mrs. Brimecome in 2008. At first, the patient was very happy with the results, but then became unhappy. The patient and her husband started to lie about Dr. Lesesne and his practice,…
Read MoreDoctor found to have actual notice of medical malpractice claim
A doctor denied that the court had jurisdiction over him for a medical malpractice suit filed against him, as reported by the New York Law Journal in a March 5, 2013 news article. The claim arose when the petitioning woman’s bladder was punctured during a C-Section. The doctor argued that he was not a New…
Read MoreWhat is Medical Malpractice?
Every profession is held to a certain level of standards and duty that they must carry out when performing their services. The failure to uphold these standards may lead to liability based on a malpractice claim. To put it simpler, malpractice is professional negligence. Therefore, medical malpractice is the negligence of a doctor or medical…
Read MoreMedical malpractice laws also protect the doctors
An interesting law that many people are unaware of is the locality rule. This rule was created initially to help protect medical practitioners who work in a small or rural area. Although it not used in New York City, due to its population, New York State still upholds this rule. The rule states that a…
Read MoreTaxpayers having to foot the bill for medical malpractice suit
Chicago citizens will be seeing their tax dollars go to paying a high settlement for a medical malpractice lawsuit, as reported by the Sun Times in a January 15th, 2013 news article. The lawsuit was originally filed after a Cook County man had his leg wrongfully amputated at a local hospital roughly five years ago.…
Read MoreMedical malpractice case allowed extra time in preparation for court
Normally in medical malpractice cases, there are set deadlines as to how long after an accident that a party may bring a suit to a court. These are known as statutes of limitations. A Court of Claims Judge recently made an exception to this due to individual circumstances, as reported by a January 24, 20123…
Read MoreOut of state resident allowed to appear by the use telecommunications for her deposition
A New York court ruled to allow a woman conduct her deposition for a medical malpractice case via teleconference, as reported by The New York Law Journal published December 11, 2012. The woman brought a medical malpractice suit against New York Downtown Hospital on claims that their gynecological standards were unacceptable, causing her ongoing pain,…
Read MoreVideo: Handwriting Expert In A Case Involving Hospital Records
Patient’s malpractice action dismissed
According to an article published in the New York Law Journal, dated September 11, 2012 (dec.nylj.com/1202570517942), a patient who was playing flag football and suffered a fracture of the “tibial plateau†which affects the knee joint, in her left leg. She was taken to Beth Israel Medical Center, however her parents wanted her to be…
Read MoreMultiple accusations of medical malpractice
According to an article published in the New York Law Journal, dated November 23, 2012 (dec.nylj.com/1202578939095), an injured patient filed a medical malpractice lawsuit against NYU Hospital for Joint Diseases. The plaintiff filed a motion to avoid having to serve a fourth supplemental bill of particulars to the defendant, NYU Hospital for Joint Diseases. The…
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