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Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

Court Holds First Responders Can Be Liable for Death Even Where Patient Found In A Life-Threatening, Nonresponsive State

Posted On Aug 1, 2011 @ 02:12 AM by SEO Admin

The decision of First Department, in King v. St. Barnabas Hospital., 2011 WL 2567782 (June 30, 2011), a medical malpractice case,interestingly found that the evidence from which a jury could find that the proximate cause of the death of a heart attack victim came not from expert testimony on behalf of the plaintiff but from [t]he very fact that advanced life support protocols exist for patients in an asystolic (no electrical activity in the heart) state . According to the court, the existence of advanced life support protocols for patients in an asystolic state in and of themselves means that adherence to the protocols afford a chance of reviving the patient, notwithstanding the grave nature of the condition. It necessarily follows that failure to follow the protocols reduces the chances for reviving the patient. The cour

Court Holds First Responders Can Be Liable for Death Even Where Patient Found In A Life-Threatening, Nonresponsive State

Posted On Aug 1, 2011 @ 02:12 AM by SEO Admin

The decision of First Department, in King v. St. Barnabas Hospital., 2011 WL 2567782 (June 30, 2011), a medical malpractice case,interestingly found that the evidence from which a jury could find that the proximate cause of the death of a heart attack victim came not from expert testimony on behalf of the plaintiff but from [t]he very fact that advanced life support protocols exist for patients in an asystolic (no electrical activity in the heart) state . According to the court, the existence of advanced life support protocols for patients in an asystolic state in and of themselves means that adherence to the protocols afford a chance of reviving the patient, notwithstanding the grave nature of the condition. It necessarily follows that failure to follow the protocols reduces the chances for reviving the patient. The cour

Two Cases This Month Where Doctors' Failure to Timely and Properly Treat Immunizes Them From Suit

Posted On Mar 27, 2011 @ 05:04 AM by SEO Admin

Theres much talk these days about the proposed $250,000.00 cap on recoveries for pain and suffering in medical malpractice cases. Ive seen a television advertisement crowing how medical malpractice reform will enhance patient safety (without mentioning the proposed cap), when common sense fails to explain how reducing a doctors or hospitals potential liability will make them act with more care towards the patient. At the same time, the proponents of the cap show no interest in fixing one of the most unfair aspects of current law - the absence of an extension of the 2-1/2 year statute of limitations that applies to medical malpractice when the victim of medical malpractice did not discover that there had been malpractice until after the 2-1/2 year period has elapsed. Two

Two Cases This Month Where Doctors' Failure to Timely and Properly Treat Immunizes Them From Suit

Posted On Mar 27, 2011 @ 05:04 AM by SEO Admin

Theres much talk these days about the proposed $250,000.00 cap on recoveries for pain and suffering in medical malpractice cases. Ive seen a television advertisement crowing how medical malpractice reform will enhance patient safety (without mentioning the proposed cap), when common sense fails to explain how reducing a doctors or hospitals potential liability will make them act with more care towards the patient. At the same time, the proponents of the cap show no interest in fixing one of the most unfair aspects of current law - the absence of an extension of the 2-1/2 year statute of limitations that applies to medical malpractice when the victim of medical malpractice did not discover that there had been malpractice until after the 2-1/2 year period has elapsed. Two

Plaintiff's Hard Drive Off-Limits to Defendant in Wrongful Death Case Alleging Medical Malpractice/Product Liability/Negligent Training and Supervision

Posted On Jan 7, 2011 @ 12:54 AM by SEO Admin

The plaintiffs in DeRiggi v. Krischen, 20753/08, NYLJ 1202476938011, at *1 (Sup., Nassau Decided December 17, 2010) sought to recover for the wrongful death of Patricia DeRiggi, who died at the age of 30 during percutaneous disk decompression surgery, an out-patient procedure used to treat lower back pain. Plaintiffs allege that Mrs. DeRiggi's left common iliac vein was perforated twice during the surgery resulting in an intra-abdominal hemorrhage and death. They also allege that the defendants HydroCision and/or New York Spinal Implants, the manufacturer and/or distributor of the Spine Jet HydroDisectomy System used in the procedure, were negligent in their design, manufacturer and dist

Do You Agree That $3,000,000.00 is Not An Excessive Jury Award for Pain and Suffering for Serious Impairment But Not Loss of Vision Following LASIK Eye Surgery?

Posted On Aug 5, 2010 @ 04:00 AM by SEO Admin

Devadas v. Niksarli, Index #: 107637/07, is an action for medical malpractice and lack of informed consent with respect to LASIK eye surgery. It was alleged that the defendant departed from the accepted standard of care for refractive surgeons inasmuch as the eye surgery was contraindicated in that at the time of the surgery the plaintiff suffered from forme fruste keratoconus, an early stage of keratoconus. Keratoconus is the non-inflammatory thinning and steepening of the cornea. The presence of forme fruste keratoconus weakens the corneal stroma and can lead to iatrogenic ectasia. (the word iatrogenic roughly translated means the doctor did it.) Ectasia, a bulging of the cornea, is also called iatrogenic ker

Do You Agree That $3,000,000.00 is Not An Excessive Jury Award for Pain and Suffering for Serious Impairment But Not Loss of Vision Following LASIK Eye Surgery?

Posted On Aug 5, 2010 @ 04:00 AM by SEO Admin

Devadas v. Niksarli, Index #: 107637/07, is an action for medical malpractice and lack of informed consent with respect to LASIK eye surgery. It was alleged that the defendant departed from the accepted standard of care for refractive surgeons inasmuch as the eye surgery was contraindicated in that at the time of the surgery the plaintiff suffered from forme fruste keratoconus, an early stage of keratoconus. Keratoconus is the non-inflammatory thinning and steepening of the cornea. The presence of forme fruste keratoconus weakens the corneal stroma and can lead to iatrogenic ectasia. (the word iatrogenic roughly translated means the doctor did it.) Ectasia, a bulging of the cornea, is also called iatrogenic ker

Governor Paterson Announces New State Website on Federal Health Care Reform and Implementation

Posted On Jul 29, 2010 @ 02:59 AM by SEO Admin

New York Governor David A. Paterson announced on July 8, 2010, the launch of a new State website on Federal health care reform. Several reforms take effect this summer, including a temporary high risk pool for people with medical conditions that are expensive to treat, an early retiree reinsurance program that will help offset the cost of providing health insurance to retirees age 55 and over who are not eligible for Medicare, and the mailing of rebate checks to Medicare Part D enrollees who reach the "donut hole" coverage gap. The website - www.HealthCareReform.ny.gov - includes descriptions of health care reform, how it will benefit New Yorkers, and the progress of implementation in the State. The website also includes information on how residents can obtain health insurance coverage and the public programs already in place in the State. The website also includes a timeline of when specific provisions of health care reform, not just the ones this summer, go into

Governor Paterson Announces New State Website on Federal Health Care Reform and Implementation

Posted On Jul 29, 2010 @ 02:59 AM by SEO Admin

New York Governor David A. Paterson announced on July 8, 2010, the launch of a new State website on Federal health care reform. Several reforms take effect this summer, including a temporary high risk pool for people with medical conditions that are expensive to treat, an early retiree reinsurance program that will help offset the cost of providing health insurance to retirees age 55 and over who are not eligible for Medicare, and the mailing of rebate checks to Medicare Part D enrollees who reach the "donut hole" coverage gap. The website - www.HealthCareReform.ny.gov - includes descriptions of health care reform, how it will benefit New Yorkers, and the progress of implementation in the State. The website also includes information on how residents can obtain health insurance coverage and the public programs already in place in the State. The website also includes a timeline of when specific provisions of health care reform, not just the ones this summer, go into

National Health Care Reform Law Comes to New York Medical Malpractice Litigation

Posted On Jun 18, 2010 @ 02:26 AM by SEO Admin

A $2.9 million grant from the federal Agency for Healthcare Research and Quality (AHRQ) to New York State (roughly $500,000 of which will go to the Unified Court System) to conduct a pilot program to reduce expenses associated with medical malpractice lawsuits by encouraging early settlement and by improving patient safety to reduce preventable medical injuries. Five New York City hospitals will participate in the initiative: Beth Israel Medical Center, Maimonides Medical Center, Montefiore Medical Center, Mount Sinai Medical Center, and New York Presbyterian Hospital Columbia Presbyterian Center. The hospitals will receive funds that can be applied to patient safety initiatives and will contribute significant in kind funds to implement their functions under the grant. The gr

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