Proving Fault in Medical Malpractice Cases

New York medical malpractice lawyerMedical malpractice represents more than just a breach in the relationship between doctor and patient. It represents harm being done by someone who had sworn never to cause harm. The victims of medical malpractice are, tragically, people who had entrusted their health and their lives to the medical professional who had sworn that oath.

Although it may seem as though this breach in the doctor-patient relationship is self-evident, most medical malpractice cases are quite complex. Proving fault in medical malpractice cases requires meticulous investigation and collection of evidence, as well as testimony by experienced and trustworthy medical experts. At the … Read the rest

Failure to Diagnose and Misdiagnosis Cases

There are many medical professionals out there who work their hardest and do their very best in order to save lives and ensure their patients receive the best health care possible. Yet even though there are many dedicated professionals out there, there are also people who are not doing their due diligence to ensure wellness. These medical professionals who make mistakes should be held accountable for their mistakes, which is where our personal injury attorneys come into play. Our legal team wishes to improve the medical profession by making sure there is accountability.

Right now, our firm would like to … Read the rest

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

Theres much talk these days about the proposed $250,000.00 cap on recoveries for pain and suffering in medical malpractice cases. I’ve 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 … Read the rest

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

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 … Read the rest

Report Debunks the Myths of Medical Malpractice Litigation and Health Care Costs and Shows that Most Compensated Injuries are Extremely Serious

If you spend an hour reading this report, chances are that five to 11 Americans will die from preventable medical errors by the time you finish. Chances also are better than 50-50 that not a single malpractice payment will be made, or medical malpractice litigations pursued, as a result of any of these avoidable deaths. Policy makers intent on reducing the legal liability of our health care system should address the crisis that experts acknowledge the shocking prevalence of medical errors instead of falling prey to the special interests’ fiction that lawsuits are at the root of the problem. So … Read the rest

Suit for Injury During Insurance Company Doctor’s Medical Examination Subject to Medical Malpractice Statute of Limitations, Holds Court of Appeals

Part and parcel of many types of claims for bodily injuries is the medical examination conducted by a physician designated by an insurance company; this however can be complicated by the physician-patient relationship. This can occur in contexts including a personal injury lawsuit, a claim for motor vehicle no-fault benefits, a disability claim or a workers compensation claim. Once in a while one of our clients complains that they were injured by the insurance company doctor, although no one, as far as we know, has gone so far as to try to sue the doctor. But if a client … Read the rest

It Doesnt Take Much of a Gift to Influence Doctors Prescription Choices

A principal underlying assumption regarding limits on and ethics guidelines addressing pharmaceutical promotion is that smaller gifts are unlikely to exert influence on prescribing decisions. Nonetheless, a substantial body of marketing and psychology literature suggests that even trivial doctor gifts can exert influence irrespective of economic value.

Adding a small gift such as personalized mailing labels, a pen or a coffee mug to a solicitation for donations has been shown to significantly increase donations. These types of gifts can also influence prescribing behavior, according to a study that appears in The Archives of Internal Medicine. (Arch Intern Med. 2009;169(9):887-893).

The … Read the rest

Unwanted Prolongation of Life Held Not Actionable Without Separate Injury

The plaintiff alleged, in Cronin v. Jamaica Hospital Medical Center, — N.Y.S.2d —-, 2009 WL 711761 (March 17, 2009), that the defendant wrongfully prolonged the decedent’s life by resuscitating him on two occasions against the express instructions of the decedent and his family as contained in two Do-Not-Resuscitate orders issued by the hospital and executed by members of the decedent’s family. The Appellate Division, Second Department, affirmed the granting of summary judgment in favor of the defendant and dismissing the complaint on the ground that the plaintiff was asserting a claim for wrongful living and that no such cause of … Read the rest

Injuries from Laser Hair Removal: There Ought to Be a Law

Our office is currently representing a client who sustained what appears to be permanent scarring as a result of undergoing laser hair removal. However, the laser hair removal center involved has gone out of business to the chagrin of, as readily apparent from the internet, many former customers of the facility.

An apparent owner of the laser hair removal facility, a non-physician, has boasted on the internet that any judgment a customer might obtain in court for the facility’s breach of contract by not rendering services that had been paid for would be a useless judgment against his “defunct” corporation … Read the rest

Doctor May be Liable to Infant Strangled by His Mother

In Lizardi v. Westchester County Health Care Corp, 1990/03, a father is seeking to recover damages for the wrongful death of his 7-month infant son Marc Ryan Lizardi who was strangled by his mother, Susan Moody, on February 25th, 2001. The infant’s father is suing Dr. Scott Marder, who was not the treating physician for Ms. Moody during her admission to defendant Stony Lodge Hospital, but had treated her on at least one occasion during that stay during the weeks preceding the tragic event.

The doctor made a pre-answer motion to have the case dismissed against him … Read the rest