REQUEST A FREE CONSULTATION212-808-800824/7 EMERGENCY HOTLINE516-965-4370
Two weeks ago the appellate court covering Queens County drastically cut a jury verdict from $5,000,000 to $575,000 to a 9 year old child for an injury which occurred shortly after birth. The question presented was the value of an injury that occurs when a portion of the small intestine is surgic...
In a recent decision by Manhattan Supreme Court Justice Helen Madden, the defense in a delayed diagnosis of colon cancer filed a motion for summary judgment arguing that a radiologist should not be held responsible for failing to communicate the results of a Cat scan. The Court held that a jury s...
This month, a Michigan Supreme Court threw out a $20 million verdict awarded to the Estate of a woman who died after a surgeon operated on her brain by mistake and without consent. The family of the victim suffered two tragedies-death and a zero for a recovery caused by carelessness of a hospital and an attorney.
Last week an upstate appellate court upheld the dismissal of a hospital resident from a medical malpractice suit on the ground that he was in training and did not exercise independent medical judgment during the operation. However, the orthopedic surgeon who was supervising the resident must now stand trial.
It was announced today that Gov. Cuomo will sign a bill to allow additional time for victims of delayed diagnosis of cancer to file a malpractice claim. Currently, if you didnt file a medical malpractice suit within 2 1/2 years of the malpractice your case could be dismissed as late--even though...
This week an appellate court covering Nassau County reversed the decision of a trial court Judge who dismissed the malpractice claim of a woman who underwent surgery at Beth Israel Medical Center for a deviated septum and was left with a disfigured nose. The patients claim against a plastic surg...
Today was the first time a New York Appellate Court upheld an award of punitive damages against a physician for “destroying medical records in an effort to evade potential medical malpractice liability.” A Queens County jury had awarded punitive damages of $7,500,000 which the trial judge reduced...
On December 20, 2017 an appellate court covering Queens County agreed that a trial court properly dismissed a wrongful death medical malpractice action brought by the family of a 65 year old woman who died three months after a surgical repair of two abdominal aortic aneurysms. The decedent had a ...
On December 22, 2017 an upstate New York appellate court upheld the right of a patient to sue a surgeon for exceeding the scope of a surgery she consented to. There was no discussion by the Court of the type of surgery the plaintiff did consent to. However, the Court noted that the plaintiff had ...
In a landmark decision released today, New Yorks highest Court--the Court of Appeals has held that the deadline or statute of limitations for wrongful birth cases runs or starts from the date of birth of the child--not from the date of the alleged malpractice as is the general rule in medical m...
On October 31, 2017 a Brooklyn jury resolved a month long medical malpractice case by awarding $26,000,000 to a family arising out of a pregnancy and delivery of twins. The mother started showing signs of preterm labor just over 5 months into her pregnancy. There were visits to the ER with compla...
In a recent study published in the British medical journal Lancet last week, a startling finding was revealed about cardiac stents. These wire mesh cage devices are routinely used to treat those in the midst of a heart attack or with blockages and those patients with exertional chest pain. More ...
Last month the appellate court covering Manhattan upheld a trial court Judge who dismissed a wrongful death action against an internist - AFTER a jury found in favor of the patients family. The jury determined that the internist failed to timely diagnose gastric cancer and instead attributed the...
A Manhattan jury awarded $450,000 to a 23 year old woman this summer who underwent breast reduction surgery at the age of 16. The claim was that the plastic surgeon had placed the nipple areola complex too high up on the patients breasts and tied the sutures so tightly that it caused bilateral n...
On October 12, 2017 the New York Court of Appeals reinstated the wrongful death medical malpractice claim filed by the family of a patient who died of cardiac arrest when he was taken off blood thinners. The patient had a stent placed in a coronary artery that was 100% blocked and as per standar...
On September 26, 2017 a Trenton, New Jersey jury found in favor of the family of a 20 year old woman who had collapsed and was intubated by a paramedic before her arrival at the hospital.. Unfortunately, the endotracheal tube was not placed down the trachea (breathing tube) but instead the tube ...
Last week an appellate court covering the Bronx and Manhattan split 3-1 ruling in favor of a plaintiff who was late in filing a complaint (against her family physician) more than 2 1/2 years after the alleged negligent conduct resulting in brain surgery and loss of vision. As a result of this ex...
On August 23, 2017, an Appellate Court covering Brooklyn upheld a jurys award of $1,000,000 to a medical malpractice claimant whose colon was perforated during a routine colonoscopy. The jury found that the gastroenterologist committed two separate departures (errors) from accepted standards of ...
On August 9, 2017 an Appellate Court covering Brooklyn affirmed a urologists pre-trial motion to dismiss a malpractice involving the loss of a testicle. The urologist had performed a procedure on the patient called a hydrocelectomy to remove fluid which had formed around the right testicle. Afte...
On July 17, 2017 Bronx County Supreme Court Justice Capella dismissed a wrongful death medical malpractice action against a local hospital and nursing home brought by a son on behalf of his dead mother. The Complaint in the first lawsuit referred to the son as a proposed administrator. The hosp...
On July 5, 2017 the Appellate Division covering appeals in Brooklyn ruled in favor of a family who filed a wrongful death medical malpractice suit against Wyckoff Heights Medical Center. They wanted to assert new theories of liability against the hospital and the lower court Judge refused to allo...
On July 7, 2017 a New York Appellate Court reinstated a medical malpractice - wrongful death suit against a gastroenterologist that had been dismissed by a lower court. This means the patient's family get to have their case decided by a jury. The undisputed facts were that a work up of the patien...
On June 9, 2017 the Appellate Division, Fourth Department upheld a lower Court's decision to allow the plaintiff a jury trial to decide whether a surgeon can be held liable for punitive damages. Medical malpractice cases rarely result in punitive damages and such damage claims are typically dismi...
Last week the Appellate Court covering Suffolk County denied a plastic surgeons appeal of an award of $600,000 for pain and suffering to a 41 year old woman who who underwent a total abdominal lift surgery, three pubic surgeries and a breast implant surgery all performed by Dr. Edward Bieniewicz....
Patient allegedly neglected after gallbladder surgery resulting in his being left in a permanent vegetative state may have his claims heard by a jury.
Learn how our firm can help you get the compensation you deserve.
Read what others have to say about their experience working with us.