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New York City Medical Malpractice Law Blog

Man forced to undergo second appendectomy sues surgeon and hospital

When faced with a serious injury, illness or medical condition; New York City residents readily turn to medical professionals for help and care. This is especially true in cases where an individual experiences excruciating pain and requires immediate medical attention as is the case with appendicitis.

Individuals diagnosed with appendicitis almost always undergo a surgical procedure known as an appendectomy where the appendix is removed. In January of 2013, a New York man underwent an appendectomy after being diagnosed as suffering appendicitis. The appendectomy, which is described by the National Institutes of Health as being amongst the "most common emergency surgical procedures" in the U.S., was performed by the hospital's director of surgery.

Infant's preventable death results in $1.25M verdict

Expectant parents are often overjoyed when the day finally arrives to welcome a son or daughter into their family. In cases where a mother delivers a baby early, the baby is often smaller and will likely require special medical care. The lungs and other vital organs of premature babies may not be fully developed so premies often spend days or weeks in a hospital's neonatal intensive care unit where they can be closely monitored by doctors and nurses.

A couple was recently awarded a $1.25 million settlement in relation to a medical malpractice lawsuit filed after the 2009 death of their infant daughter. According to the lawsuit, the couple blamed a radiologist for failing to notice or take action with regard to an improperly placed catheter which ultimately contributed to the infant's death.

Lawsuit blames doctor's failure to diagnose in 6-year-old's death

When a patient seeks medical care after suffering an injury, it's important that the doctors and nurses who attend to such patients take steps to determine whether an individual may have suffered any internal injuries. In cases involving pediatric patients who may be unable to adequately communicate, extra precautions should be taken to rule out the existence of any serious injuries.

The parents of a 6-year-old boy, who died after being released from a hospital with a diagnosis of constipation, recently filed a medical malpractice lawsuit against a doctor and the doctor's hospital employer. According to the lawsuit, the young boy was injured when he ran into a pole at recess. Upon examining the boy, the doctor who is named as a defendant determined the boy's pain and worrisome symptoms likely stemmed from an "internal injury vs. gas vs. developing viral illness."

Study indicates nurse's education and patient load impact patient safety

Anyone who has ever been hospitalized understands the vital role that nurses play in a hospital setting. While doctors perform procedures and surgeries, they often then disappear and only check in with patients intermittently. Nurses, however, tend to patients throughout the day and night to ensure patients take necessary medications and remain comfortable while hospitalized.

Unfortunately hospital budget cuts have resulted in some medical facilities lying off nurses. As a result, those nurses left are often forced to pick up the slack. A recent study conducted by both U.S. and Belgium researches shows that a higher patient-to-nurse ratio has an overall adverse affect on patient care and safety. Additionally, these researchers also report that a nurse's education has a direct impact on patient safety.

New York nursing home staff faces medical malpractice allegations

When people are forced to go into a nursing home, it often means that they need substantial medical care to live from one day to the next. Once the patient and patient's family choose a nursing home, it is vital that they are comfortable with the staff and the level of care provided. One nursing home in New York is being accused of neglecting patient care in an effort to boost the owners' bank accounts.

In a civil complaint against the Medford Muliticare Center for Living, Attorney General Schneiderman claims that the owners of the nursing home looted nearly $60 million. He claims that this put the residents of the home in danger. His office has also arrested seven employees in connection with a 72-year-old woman's death. Two others were also arrested for neglecting patients.

Deaf New York man dies without knowing diagnosis

When you seek medical care at a hospital, you likely expect that you will receive diagnostic testing that leads to a diagnosis that doctors can treat. Unfortunately, that isn't always the case, especially when there are underlying medical conditions that cause difficulty communicating. One New York family is alleging that three hospitals failed to diagnose and treat their father because he was deaf.

The 82-year-old man, whose children are also deaf, died of malignant melanoma in April of 2013. His family says that the chain of events began in September of 2012 when the man had seizures. He sought treatment at Winthrop University Hospital where his family alleges he was told the hospital didn't provide interpreters for deaf patients.

New York nurse files lawsuit against Long Island hospital

When you or your loved one is gravely ill, seeking treatment at a hospital is the first thing that comes to mind. You probably expect that the nursing staff at the hospital is well-trained and properly supervised. For former patients of Nassau University Medical Center and their family members, a recent lawsuit filed in the Brooklyn federal court by a former nurse at the hospital might be interesting.

A former registered nurse at the Long Island facility recently filed a lawsuit alleging that he was discriminated against at the hospital. The details of the lawsuit shed light into some disturbing occurrences that possibly equate to medical malpractice.

Bankruptcy affecting medical mapractice claims against hospital

Getting care from a hospital is something that most people take for granted. Never does the possibility of a hospital going bankrupt enter their mind. For Saint Francis Hospital, filing bankruptcy became necessary, and the hospital filed for Chapter 11 protection on Dec. 17, 2013. Now, United States Bankruptcy Court judge wants to know how the hospital is going to handle approximately 80 medical malpractice lawsuits.

The judge in the case wants to know what the hospital is doing for these cases. An attorney for the hospital says they are trying to settle the medical malpractice cases if the people filing the claims are willing to limit those claims to what is available from insurance proceeds. The hospital has asked the court to unfreeze medical malpractice lawsuits and lift an automatic stay if the claimants agree to that limit.

New York hospital ordered to pay $1.25 million to family

When you go to a hospital, you likely expect that if something happens and you die, your family will be notified. You probably don't expect that your body will handled in a way that you likely wouldn't approve of. For one playwright who died at New York's Mount Sinai Hospital in 2001, hospital negligence led to his family not claiming his body.

When the 69-year-old playwright was having trouble breathing, he called 911. He was taken to Mount Sinai Hospital, where he died a few hours later in October of 2001. The doctors at the hospital failed to let his next of kin know that he had died. Instead of his family being able to bury him, his body was sent to a community college. After it was used for embalming practice, his body was buried in a mass grave. His family members found out where his body was, and it was exhumed from the grave he shared with 150 indigents on April 10, 2002. He was then buried in Binghampton alongside his family members.

Widow files medical malpractice lawsuit in living donor death

Almost everyone who hears of a family member who is having difficulties will try to think of ways to help. When a loved one is facing an illness that requires a transplant, the desire to help might lead you to offer to be a living organ donor for that person. For one man, his brother-in-law's need for a living donor liver transplant led him to get tested to discover if he was a match. He was a match and willingly decided to donate part of his liver to help his brother-in-law live.

The donor was taken to the Lahey Clinic's OR 10 in Burlington just after sunrise. Around lunchtime, a nurse told his wife that he was having blood coagulation difficulties that the doctors were getting under control. She was later taken to a conference room where she learned that her husband had passed away.