Infections After Surgery May Give Rise to a Medical Malpractice Claim

medical malpractice lawyer New York CityUnder certain circumstances, a patient may be required to undergo a surgical procedure. Upon completion of a surgical procedure, the wound may become infected as a result of medical negligence, which may give rise to a medical malpractice claim.  A surgical infection is extremely serious and can result in fatal consequences if left untreated.  Commonly, surgical infections will appear within thirty days of a procedure. The Centers for Disease Control and Prevention (CDCP), reported that approximately 35 percent of infections are related to a hospital procedure. In 2011, there were over 75,000 deaths as a result of a hospital procedure … Read the rest

Improper Administration, Monitoring, and Removal of Surgical Staples May Give Rise to Medical Malpractice

Long Island medical malpractice lawyerIn the healthcare field, surgical staples are often used to close an incision from an operation or a wound. Surgical staples connect skin together using a disposable stapler. Once the wound is healed, a special stapler remover will be used to remove the existing staples.  However, if the insertion or removal of these staples is not completed properly, a patient may experience severe or even life-threatening injuries. At times, a clinician may make a mistake throughout this process, which may give rise to a claim of action. This may entitle a patient to compensation for the injuries that he or … Read the rest

Medical Negligence in Cataract Surgery

cataract surgery lawyer New YorkToday, surgery for cataracts has become extremely common. A cataract is a clouding of a person’s eye lens causing their vision to be impaired. Many individuals opt to undergo a surgical procedure in order to improve their ability to see.  However, some individuals do experience complications as a result of this surgery.… 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

Public Citizen Issues Report Analyzing Unnecessary C-Sections in New York and Making Suggestions How to Avoid One

March, 2010, Data Brief of the National Center for Health Statistics (NCHS) reported that nearly a third of cesarean sections in New York state may be performed unnecessarily, and a report released by Public Citizen this past Wednesday found that Long Island has among the state’s highest rates of cesarean sections.

The rapid rise in cesarean sections is due to the procedures being performed on women who had never had one before, as well as to a sharp decline in the rate of women who undergo a vaginal birth after a previous cesarean (VBAC). The Public Citizen report analyzes the … Read the rest

Should You Have That Back Surgery?

Deciding whether to have back surgery after a motor vehicle accident or another type of accident is a decision our clients often have to make. It is usually not an easy decision. No doctor in his or her right mind will guarantee the results of a back surgery to the contrary, in making sure not to do so, many doctors scare their patients when rightfully advising them that they may feel worse after the surgery.

More than one client who had back surgery have lamented that they wish they never had the surgery, especially when spinal fusion has been performed. … Read the rest

Court Finds Child Neglect Where Parents Refuse to Consent to Life-Saving Surgery “because it stops the heart.”

Matter of Eli H. v. Barbara H., nn-01297-08, decided on November 28, 2008 by Judge Barbara R. Potter of St. Lawrence County Family Court, required the court  to balance the religious beliefs of “loving, caring parents” of an infant born on April 1, 2007 with life-threatening congenital heart defects with the court’s duty as “parens patriae” to ensure the infant’s health and safety.

The heart defects were initially treated by the surgical insertion of a shunt between his aorta and his pulmonary artery to increase the blood flow to his lungs. Due to the infant’s growing body, the shunt … Read the rest

Technology Being Introduced to Cut Risk of Surgical Sponges Being Left in Patients

Last month’s $10 million settlement of a suit brought by a woman who underwent surgery for diverticulitis of the colon wherein a surgical sponge was left behind is a reminder of how frequent this complication occurs and of how potentially dangerous it can be.

A 2003 study in the New England Journal of Medicine reported that sponges and other foreign objects were left behind after abdominal surgeries at a rate of 1 for every 1,000 to 1,500 such operations. Several medical-products companies say sponges are the most common foreign objects left behind in surgeries. Surgical sponges are made of gauze … Read the rest

Serving Chili Peppers (sort of) to Patients Undergoing Knee and Hip Replacement Surgery to Reduce Post-Surgical Pain

Researchers are “hot” on the trail to finding a new way to decrease post-surgical pain following painful operations such as knee and hip replacements. Surgeons are experimenting by dripping capsaicin – the ingredient that gives chili peppers their fire, directly into open wounds during knee replacement surgeries hoping that bathing surgically exposed nerves in a high enough dose will numb them for weeks. The theory takes root from the fact that when you bite into a hot pepper, after the initial burn your tongue goes numb.

Research shows that capsaicin targets key pain-sensing cells in a way that blocks pain … Read the rest