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On February 7, 2023, an appellate court agreed with a New York County Supreme Court Judge who dismissed a medical malpractice claim of unnecessary surgery against a pathologist. The patient/plaintiff had filed suit against his surgeon and a pathologist claiming the removal of his pancreas was unn...
Last week, the Appellate Division reversed a Kings County, New York Supreme Court Justice who granted the motion of New York Methodist Hospital and two obstetricians to dismiss plaintiff's lack of informed consent and malpractice claims. This plaintiff will now have her day in Court before a jury...
This case involves an infant, then age 13, who was given two vaccines in 2006 by her pediatrician. After receiving the vaccines, the infant developed significant muscular weakness and she received care from three additional pediatricians in 2006 who successfully moved to dismiss the case filed in 2016 as untimely.
On December 22, 2022, an appellate court agreed that the malpractice claim of a 58 year old woman, against her internist, of a delay in treating coronary artery disease, may proceed to a jury trial. Based on complaints of fatigue and shortness of breath, the internist had recommended that the pl...
On December 7, 2022, an appeals court upheld the denial of a summary judgment filed on behalf of a gynecologist. The patient had undergone a hysterectomy for abnormal uterine bleeding during which her left ureter was accidentally severed. The gynecologist-surgeon, Dr. Germain argued that during t...
Is the administration of an allergy injection by a medical assistant that causes an injury a simple negligent act (subject to a 3 year statute of limitations) or the provision of medical treatment (subject to a 2 1/2 year statute of limitations)? On December 7, 2022, an appeals court covering Qu...
On October 20, 2022, a Bronx jury found that physicians at the High-Risk Obstetrical Clinic at Jacobi Medical Center in 2003 had failed to prevent a pre-term delivery at 23 weeks gestation. The young man's mother had a history of an incompetent cervix. In a previous pregnancy the plaintiff's moth...
Yesterday, the Hospital for Special Surgery (HSS) filed a motion to overturn a Manhattan jury verdict that awarded Michael Cox (former NY Giants running back) $28,500,000 in September 2022 for negligently repairing an on-the-field injury to his left ankle. The Associate Director of the Orthopedic...
On June 13, 2022, I was fortunate in obtaining a $5,000,000 verdict in a dental malpractice action from a Brooklyn jury following a three week trial. The patient sought treatment from the dentist after an oral surgeon extracted an upper molar which left a hole (fistula) between the maxillary sinu...
On December 21, 2021, a New York County jury found in favor of a pregnant 41 year old woman who suffered a ruptured appendix the day after reporting to an OB/GYN that she was suffering abdominal pain. The plaintiff was referred to a radiologist for a sonogram the same day which was read as normal...
Generally a pharmacist cannot be held liable to someone injured by a prescribed drug unless he or she failed to fill a prescription exactly as prescribed by a physician. An exception to this general rule is when the prescription is so clearly contraindicated that "ordinary prudence" imposes a dut...
On July 16, 2021, an appellate court that hears appeals from Oneida County Supreme Court, ruled that there was a narrow exception to the general rule adopted by the New York Court of Appeals in 1889 that, “no one shall be permitted to take advantage of his own wrong” using the Courts. In January ...
Earlier this month a NY appellate court covering Brooklyn appeals restored a medical malpractice suit that had been dismissed and sanctioned the defendant vascular surgeon. The plaintiff sought treatment from a vascular surgeon with complaints for pain and swelling in his left leg. The vascular s...
On June 22, 2021 the Appellate Division, First Department suspended an attorney (on an interim basis) for failing to obey their Order which directed her to submit to psychiatric and medical examinations to determine her fitness to continue practicing law. The attorney's mental fitness was in qu...
On June 24, 2020 an appellate court addressed the value of the fair compensation for a 50 year old female whose small intestine was perforated during an endoscopy procedure.The plaintiff's expert at trial told the jury that an emergency laparotomy was necessary causing a 7 inch abdominal scar and...
On May 21, 2020 an appellate court reversed the decision of Supreme Court Bronx County Justice Douglas E. McKeon, which dismissed a claim of a brain damaged baby against the New York City Health & Hospital Corporation without a trial. The issue was whether the hospital's staff caused a baby's inj...
An appellate court covering an appeal from a Kings County jury verdict set aside a $700,000 verdict awarded to a woman who was injured during a routine dilation and curettage (D & C) procedure. The D & C was performed to address complaints of abdominal pain due to uterine fibroids. During the pro...
On May 26, 2020 an appellate court covering Orange County Supreme Court agreed that an Urgent Care Center must stand trial on a claim of medical malpractice which deprived a patient of a substantial opportunity to avoid a below-the-knee amputation. The patient had one visit to an Urgent Care Cent...
On January 9, 2020, Justice Joan Madden of the New York County Supreme Court denied a motion of New York University Langone Medical Center to dismiss a pediatric/nursing malpractice claim involving a newborn who within 24 hours of discharge was found to have suffered profound brain damage due to ...
On November 21, 2019, Justice Joseph E. Capella, Supreme Court, Bronx County reduced a $90,000,000 verdict for pain and suffering to $30,000,000. The jury agreed with plaintiff's counsel who argued that St. Barnabas Hospital had failed to properly treat a 50 year old woman's asthma over the cours...
Last month Suffolk County Supreme Court Justice St. George denied a motion to dismiss a wrongful death medical malpractice claim against a cardiologist. The suit was filed by the wife of a 51 year old attorney who died as a result of congestive heart failure brought on by hypertension and atheros...
Last week, an appellate court reversed Justice Ellen Spodek of the Supreme Court, Kings County who presided over a wrongful death medical malpractice action against Maimonides Medical Center (Maimonides). The decedent's family claimed, that the emergency room physician properly diagnosed his pati...
On September 11, 2019, an appellate court threw out a Queens County jury verdict in favor of a patient, finding that a one month delay in advising a post-op patient of the need for further spinal surgery was inconsequential.
On August 28, 2019 the appellate court covering Queens County revived a dismissed malpractice case, but held that the dilatory conduct of plaintiff's attorney would be better punished by refusing him the right to depose any of the physicians or nurses employed by the hospital defendant. The plain...
Last week an appellate court held that a New York, Niagara County Supreme Court Justice violated the First Amendment rights of a family suing a hospital and physicians for prematurely declaring their father dead and delaying emergent heart surgery for hours. The decedent was brought to an emergen...
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