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On June 26, 2019, an appellate court in New York held that a urologist involved in the diagnosis and successful treatment of prostate cancer, had no legal obligation to order or perform an unrelated colonoscopy as part of a complete cancer screening. Unfortunately, this same patient who survived ...
On June 14, 2019, a New York appellate court rejected a defense verdict awarded to a vascular surgeon by an upstate jury regarding the performance of an aortobifemoral bypass. The malpractice theory advanced at trial was that the surgeon failed to properly inspect the bowel as it was returned to ...
On June 19, 2019, an appellate court ruled that a neurosurgeon was not entitled to dismiss a wrongful death - medical malpractice case without a jury trial. The neurosurgeon performed microvascular decompression surgery on the plaintiff's decedent to treat trigeminal neuralgia and discharged him ...
In a recent decision an appellate court reversed Justice Kevin Kerrigan's Order to set aside a plaintiff's verdict in a brain damaged baby case. Because the jury reasonably found malpractice but unreasonably failed to award any monetary compensation to the child, the appellate court ordered that ...
On June 6, 2019 the appellate court handling appeals from Bronx County affirmed a trial court Judge who allowed a brain damaged baby leave to file a late notice of claim - even though there was no reasonable excuse offered for the delay. It was found that the New York City Health & Hospitals Corp...
Battle of Experts In Malpractice Case Determined By Court on A Pre- Trial Motion
On April 12, 2019, a Bronx jury found in favor of a woman who sought help for an asthma attack and within 10 days suffered permanent irreversible brain damage. It was claimed that the doctors at the hospital failed to transfer the patient to a nearby hospital that had a heart-lung machine because...
Last week an appellate court reversed a trial court that had granted summary judgment to a nephrologist (kidney specialist) and vascular surgeon dismissing the malpractice claim brought by the family of a patient who died due to a complications of dialysis treatment. The appellate court explained...
On April 10, 2019 New York City Health & Hospitals Corporation agreed to settle a claim of failing to emergently deliver a baby via cesarean section for $1,750,000.
Yesterday, the appellate court covering Brooklyn reversed Judge Gloria M. Dabiri and compelled Wyckoff Heights Medical Center to disclose the audit trail of a patient's hospital chart. The patient sued alleging malpractice in his post operative care leading to a below knee amputation. The audit t...
On March 7, 2019 a federal jury in Miami found that a physician employed by Royal Caribbean Cruises was negligent and caused the death of a man celebrating his 70th birthday with his family. It was claimed that a significant cardiac abnormality causing the passenger shortness of breath could have...
On February 21, 2019 the New York Law Journal reported that 255 patients of an orthopedic surgeon from Poughkeepsie, Spyros Panos were awarded an aggregate of $140 million for claims related to unnecessary surgeries and lack of proper treatment. The 255 lawsuits were pulled from the Court system ...
On February 7, 2019, a Chicago Circuit Court Judge denied the motion of a hospital and obstetrician to set aside a jury verdict of $50.3 million awarded by a jury on October 9, 2018 to a baby born with profoundly disabling brain injuries. The 43 year old mother came to the hospital when she was fi...
On February 6, 2019 the appellate court for Richmond County reversed a trial Judge who denied a motion for summary judgment to an opthalmologist sued for failing to refer his patient to a neurologist. The patient presented to the opthalmologist complaining of pain in his right eye and a droopy ey...
On January 11, 2019 Justice Paul Marx of the Orange County Supreme Court refused to authorize the payment of appellate fees and litigation funding expenses out of a brain damaged baby's malpractice settlement funds.The plaintiff's attorney arranged a sale of proceeds or loan of approximately $5,0...
Last week Suffolk County Supreme Court Justice Sanford N. Berland lambasted a local gynecologist for attempting to enforce an agreement his medical group demanded be signed by all their patientr estricting the right to sue and limiting their selection of medical experts. Dr. Benjamin Schwartz of ...
An appellate court covering Ulster County upheld a jury verdict which awarded $500,000 for one month of pain and suffering to the family of a patient who died due to unrelated complications of cancer. The patient was admitted to Kingston Hospital for cancer care but the evidence revealed that the...
Last month Nassau County Supreme Court Justice, Jeffrey S. Brown upheld a $1,000,000 jury verdict for a young lady who while visiting an internist was sexually abused by a physician employed by Caring Medical, LLC. The young lady who suffered from intellectual disabil...
Though a Nassau County jury had exonerated an anesthesiologist sued for malpractice and the wrongful death of his patient, yesterday an Appellate Court, threw out the defense verdict and gave the patient's family a new trial. The reason the family was entitled to a new trial was because of an err...
On November 28, 2018, an intermediate appellate court covering Orange County, New York, held that a trial judge has the discretion to exclude a severely disabled 14 year old female burn victim from the courtroom during summations in a personal injury action against a nurse and health care facilit...
Last week the Appellate Division Second Department upheld a lower court Nassau County judge who dismissed a claim of fraudulent concealment of sexual misconduct against a psychiatrist. In 1982, at the age of 24, the plaintiff became a patient of the defendant psychiatrist. In 1993, the psychiatri...
On September 25, 2018, a jury in Queens County held a rehabilitation facility responsible for the severe injuries suffered by a patient while undergoing physical therapy. The plaintiff/patient was an adult female who was told to stand and walk while holding onto parallel bars - unassisted. The pa...
On October 25, 2018, an appellate court held that an orthopedic surgeon, hit with an $8,600,000 jury verdict, could proceed to a jury trial to determine whether his malpractice insurer acted in bad faith in refusing to settle. The 36 year old male patient who sued the orthopedist had complication...
On August 29, 2018, the appellate court covering Nassau County reversed Justice John Galasso who had dismissed the malpractice claim of a college student against North Shore University Hospital, an emergency medicine physician and an orthopedist. The student was participating in try-outs for the ...
On August 14, 2018, Justice Eileen Rakower of the New York County Supreme Court, granted an unopposed motion filed 14 plaintiff's who are suing Beth Israel Medical Center and neurologist, Richard Cruciani, M.D. for emotional injuries due to claims of medical malpractice, sexual assault and battery.
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