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Yesterday, a real estate developer filed a legal malpractice complaint in New York County against Herrick Feinstein, LLP, claiming that his lawsuit against a former business partner was irreparably damaged because a federal court Judge won't allow expert testimony at the trial in November due to...
A plastic surgeon will have to stand trial on a patient's malpractice complaint that his surgery caused total vision loss in her left eye. The plaintiff/patient was a 35 year old woman who agreed to undergo multiple procedures in 2015 to ...
The wrongful death/medical malpractice claim brought by the widow of the famously popular music star Glenn Frey (member of the "Eagles" band) is battling with The Mount Sinai Hospital over disclosure of financial records related to her deceased husband's earnings .Frey passed away in January 2016...
On July 17, 2019 a Brooklyn jury awarded $5,000,000 to the Estate of a 39 year old woman who died a year and a half after a cadaver kidney transplant surgery. Her death was a result of serious complications due to a urinary leak caused by an improperly secured ureter (urinary tube from kidney to ...
On July 25, 2019 an appeals Court reversed an Order of a trial court that refused to dismiss a defamation claim against an emergency room physician filed by the parents of a 2 year old boy who suffered an unexplained skull fracture. The ER doctor questioned the parents who were unable to explain ...
Last month, an appellate court hearing appeals from Queens County cases reversed a trial court and granted St. John's Episcopal Hospital South Shore motion to dismiss the case of a patient suing for sexual assault. The plaintiff while admitted as a patient of St. John's claimed to have been sexua...
On July 2, 2019 an appellate court agreed that Dr. Francois Lacour-Gayet, Chief of Pediatric Cardiothoracic Surgery at Montefiore Medical Center, was not entitled to dismissal of an infant's claim for medical malpractice. The lower court found that the heart surgeon had departed from accepted sta...
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...
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