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Medical Malpractice

What is the collateral source rule?

car accident scene

The collateral source rule is a legal principle that prevents someone from recovering compensation twice for the same damages. In other words, the goal is to stop someone from “double dipping” at a defendant’s expense. Let’s look at a hypothetical example. You were rear-ended while driving home on the Cross Bronx Expressway and hurt your…

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Distracted doctors?

surgeons in the operating room

It’s common knowledge that distracted driving can cause serious injury and death. What’s not as well known is that you can also be at risk on your way to the operating room—even if you’re not the one distracted by your phone. How many times have you walked into a store or restaurant and seen employees…

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Suing a dentist for malpractice in New York

dental malpractice teeth

In October 2017, a Maine jury awarded Stephen Darnell Jr. close to $300,000 in damages in a clear case of dental malpractice. In 2011 Mr. Darnell’s mouth became infected after Dr. Jan Kippax removed two of his molars, forcing doctors to operate on his jaw and implant drains to remove accumulated pus. His attorneys claimed…

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New York’s comparative negligence rule explained

rear end collision

When you’re seeking compensation for car accident injuries, you’re going to hear the term “comparative negligence” used a lot. If settlement negotiations fail and your case proceeds to court, the judge hearing your case will have to determine which party is at fault or, if both share the blame, the extent to which each person…

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New Year’s food poisoning—what to do

bacteria

While many people throughout New York will be celebrating New Year’s Eve at home, others are planning to have a night of it. They will flock to Times Square, attend the all-night dance party at the Ditty in Astoria, or attend a visual extravaganza at the Grand Ball at the 1896. At some point between…

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Misdiagnosis as the basis of a New York medical malpractice claim

We rely on medical practitioners to diagnose our illnesses correctly so that we can receive the treatment we need. When misdiagnosis occurs, our health and even lives can be placed at risk. When this misdiagnosis occurs due to negligence, the medical practitioner could be liable for medical malpractice. What are the different types of misdiagnosis?…

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Mirena IUD lawsuits on the rise

medical devices & injuries

Pharmaceutical giant Bayer is now facing lawsuits from literally thousands of women across the United States. The majority of these plaintiffs are claiming that the intrauterine device (IUD) Mirena has significant and life-threatening side effects that Bayer intentionally declined to make public. Instead of advising doctors of these risks, they allege, the company remained silent…

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Compounding pharmacies medical malpractice

pharmacist

A compounded medication is made when separate ingredients are combined in a specific dosage for a particular patient. While this process allows doctors to customize drugs for their patients, it has also resulted in serious problems that include but are not limited to medical malpractice claims that arise from the following situations: Using the wrong…

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Bringing a personal injury claim against the government

court case scales of justice

All kinds of injuries occur on public property. People trip on defective sidewalks, vehicles collide when traffic lights malfunction, and pedestrians stumble into excavation sites that are poorly marked, especially at night. In these cases, the agency responsible for maintaining the sidewalks or traffic signals should be held legally responsible, and they can be, under…

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Requesting your medical records in a personal injury case

medical records for personal injury case

When you are embarking on a personal injury claim, you will have to request your medical records, as these documents will serve as key evidence in any settlement demand or offer. These records confirm details such as: Proof of your physical injuries Assessment of the injuries Medical treatment costs, which can help to calculate any…

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Avoid jeopardizing your personal injury claim

question mark pills injury

When you file a personal injury claim, your attorney will let you know what to expect and guide you through any litigation or settlement processes. There’s no denying, however, that suing for damages is a unique experience for most people, and you could unintentionally jeopardize your chances of a successful outcome in your case. Below…

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What is discovery in a personal injury case?

attorney deposition questions

When you are involved in a personal injury case, the process of discovery enables you—and your attorney to gather information about the other side’s case. There are several ways that important information can be gathered according to the state or federal rules of civil procedure. Interrogatories Interrogatories consist of a series of questions posed to…

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Pharmacy malpractice in New York City

Pharmacists and pharmacy professionals have an obligation to provide safe and quality medical care to patients. When they are negligent in their responsibilities regarding the standard of care (for example, causing someone to take the wrong medication or an incorrect dosage), serious illness, permanent injury and even death can occur. According to the Institute of…

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Questions to ask a personal injury attorney

If you have been seriously injured in New York due to someone else’s negligence and want a personal injury attorney to represent you in a subsequent lawsuit, then choosing the right attorney for you is priority number one. How do you find an attorney you can trust and want to work with? By asking the…

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Defective Drug Litigation in New York

Although pharmaceutical companies are required to thoroughly test all prescription drugs before FDA approval can be granted, certain corporations seek to improve their bottom line by marketing their drugs before all testing is properly completed. In some instances, these companies know about the potential for adverse side effects but take their chances anyway. It’s an…

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Paraplegia and quadriplegia injuries in New York

Personal injuries that result in paraplegia or quadriplegia are both physically and emotionally devastating. Once you lose the ability to move some or all of your limbs, your life will never be the same. You will never be able to play with your children, participate in sports and other forms of invigorating exercise, or even…

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Birth injuries

injuries to babies

Few personal injuries are more tragic than those experienced by infants while they are being born. Medical personnel such as doctors, nurses, and other professionals are expected to have the qualifications and experience to act swiftly and appropriately when complications arise. Unfortunately, some of them do not exercise the mandated level of care, resulting in…

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Medical malpractice in New York

medical malpractice decision

According to an analysis carried out by the U.S. Center for Disease Control and Prevention (CDC), medical errors could be the third leading cause of death in the United States. All it can take is a single mistake or act of negligence to forever change your life or that of someone you love. Regardless of…

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Who can I hold liable for a catastrophic injury in New York?

If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…

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What Is negligence and why does it matter for my personal injury case?

negligent driving

In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…

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Three key steps to take post-car accident

There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…

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Politicians encourage passage of “Lavern’s Law”

medical malpractice statute of limitations new york

Two years after a Brooklyn mother passed away as a result of medical malpractice, politicians want to amend a New York law that prevented her family and others from suing the responsible parties. In March 2013, Lavern Wilkinson passed away after a battle with curable lung cancer. She had an X-ray taken in 2010 that…

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What to do in the event of a surgical error

surgical medical malpractice

When you head into surgery, there’s a lot of trust that you’re placing in the hands of your physician. You need to be able to trust that he or she is dedicated to carrying through the process with minimal negative impact to you and that full attention is provided to your case so long as…

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Should I get a second medical opinion if I have a malpractice case?

medical malpractice by doctor

The relationship between doctor and patient is built on trust, but all that might be shattered in the event of medical malpractice. If you believe that a doctor’s negligence has caused serious injuries, then you need to determine your health status carefully in addition to consulting with a New York medical malpractice attorney. Your first…

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Man allowed to claim medical malpractice several years after procedure

accident case when time passed

A man had three eye surgeries between 2007 and 2008 according to a recent issue of the New York Law Journal. After the surgeries, he had post-operative appointments with his hospital doctors that were important for his health. He kept these appointments and attended them regularly. In 2012, the man accused his doctors of medical…

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Jury to decide medical malpractice and wrongful death case

medical malpractice procedure equipment

A surgeon left a sponge in her during a 17-hour surgery. The woman died at age 58 months after the surgery, and her husband is filing a medical malpractice lawsuit and a wrongful death lawsuit against the doctor that performed the surgery according to the Dayton Daily News in a July 14, 2014 article. The…

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Effectiveness of “Scrambler Therapy” at crux of insurance claim court case

pain treatment

Scrambler Therapy, formally known as “Calmare Pain Therapy” is an electrical treatment for physical pain. It is typically used for pain caused by cancer treatments, chemotherapy and certain types of pains that are drug-resistant according to the therapy’s website. This therapy is different from other pain-reducing therapies at its core because it is a “biomedical…

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Conflicting statements prevent summary judgment

court statements

In medical malpractice cases it is essential that the injured party pleads with specificity the injury that he or she sustained. If this is not done then the person who allegedly committed the malpractice is most likely going to move for summary judgment and it is going to be granted by the court.  In medical…

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Extension granted in malpractice case

injury case

Generally an injured party has 2 and one-half years in order to commence a suit against a doctor. However, this time has been extended for chiropractors, so the suit must be commenced within 3 years of the injury, as held by the Appellate Court, as reported by a New York Law Journal in a February…

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Doctors not responsible for the death of former patient

wrongful death

A hospital patient, who was discharged, committed suicide following his release, as reported by the New York Law Journal in a March 14, 2014 article. The man disclosed to his doctor that he was leaving his wife, and wanted to relieve this stress. The man also told his doctor that he was so miserable and…

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Tort reform law is invalid

To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years…

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What is a “tort?”

injuries and torts

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…

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Cases must be filed properly and in the right place

Bronx personal injury attorney

A school worker was injured when he fell through the roof of the school where he was employed. As a result the school employee was taken to the nearest hospital for treatment of his injuries.  At the New York City owned the hospital, the school employee was not properly treated or taken care of. Thus,…

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Doctor should have discovered medical issue earlier

medical malpractice law

A New York City taxi driver underwent a surgery in which staples were placed in his stomach and to limit his food intake, as reported by the New York Law Journal in a January 28, 2013 news article. After the surgery, the NYC taxi driver was hospitalized for about a month and after he was…

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Can an attorney withdraw from his case?

attorneys

An attorney can withdraw from his or her cases only if the court grants the attorney’s motion or order to show cause for withdrawal.  For every case the attorney wants to withdraw from, a motion or order to show cause needs to be made by the attorney and granted by the court. In a recent…

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Civil rights claim over treatment at VA hospital dismissed

Medical Malpractice Attorney

A black patient went to a Veterans Affairs hospital where a few surgeries were performed on him, and these surgeries failed. As a result, the patient sued pro se for medical malpractice.  Pro se is when a client represents himself or herself in a legal proceeding. Also, when the patient went for one of the…

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Does a patient have to consent to test and/or procedures?

medical malpractice and tests

Usually a doctor has to obtain a patient’s consent before administering any type of test and or procedure.  However, in emergency situations or life threatening situations this is usually not the case. In a recent case, a hospital and a medical center were sued when one of its patient’s families claimed that they committed medical…

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Bronx lawyer on a new medical malpractice process

Medical malpractice

Today, there are more and more medical malpractice cases pending due to injuries resulting from the physician deviating from the standard of care that is exemplified in the field. As a result, these cases usually take a while before they are actually litigated. Thus, the Unified Court System is trying to make the process simpler,…

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Misdiagnosis results in brain damage for child

A mother is suing, on behalf of her daughter, after the girl’s doctor misdiagnosed her leaving her child brain-damaged, as reported by the Lowell Star in a February 27, 2013 online news article. The child, who is now 15, sought the medical aid of the doctor after becoming extremely ill. The doctor conducted an examination…

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Hip surgery ends in injury and alleged medical malpractice

Hip injury and implant

A patient underwent hip surgery and her hip was substituted with a prosthetic one in 2006. However, the prosthetic one did not react well with her body and it failed as reported by the New York Law Journal in a June 12, 2013 news article. The patient could not handle the pain, so she tried…

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State legislators put financial caps on medical malpractice damages

New York Medical Malpractice Lawyer

Missouri legislature voted to place a cap on the amount petitioner’s may receive for non-economic monetary relief in medical malpractice suits, as reported by News-Leader.com in a March 29th, 2013 news article. The House bill recently passed 93 to 62. Under the new laws, there is a state maximum limit of $350,000 that a party…

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Surgeon’s claims inadequately pleaded

Jayson Lutzky Medical Malpractice Lawyer

According to an article published in the New York Law Journal, dated January 23, 2013 (dec.nylj.com/1202585001248), Dr. Lesesne performed several plastic surgeries on Mrs. Brimecome in 2008. At first, the patient was very happy with the results, but then became unhappy. The patient and her husband started to lie about Dr. Lesesne and his practice,…

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Doctor found to have actual notice of medical malpractice claim

A doctor denied that the court had jurisdiction over him for a medical malpractice suit filed against him, as reported by the New York Law Journal in a March 5, 2013 news article. The claim arose when the petitioning woman’s bladder was punctured during a C-Section. The doctor argued that he was not a New…

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What is Medical Malpractice?

New York Medical Malpractice Attorney

Every profession is held to a certain level of standards and duty that they must carry out when performing their services. The failure to uphold these standards may lead to liability based on a malpractice claim. To put it simpler, malpractice is professional negligence.  Therefore, medical malpractice is the negligence of a doctor or medical…

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Medical malpractice laws also protect the doctors

personal injury lawyer

An interesting law that many people are unaware of is the locality rule. This rule was created initially to help protect medical practitioners who work in a small or rural area. Although it not used in New York City, due to its population, New York State still upholds this rule. The rule states that a…

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Taxpayers having to foot the bill for medical malpractice suit

medical malpractice

Chicago citizens will be seeing their tax dollars go to paying a high settlement for a medical malpractice lawsuit, as reported by the Sun Times in a January 15th, 2013 news article. The lawsuit was originally filed after a Cook County man had his leg wrongfully amputated at a local hospital roughly five years ago.…

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Patient’s malpractice action dismissed

jayson lutzky pc

According to an article published in the New York Law Journal, dated September 11, 2012 (dec.nylj.com/1202570517942), a patient who was playing flag football and suffered a fracture of the “tibial plateau” which affects the knee joint, in her left leg. She was taken to Beth Israel Medical Center, however her parents wanted her to be…

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Multiple accusations of medical malpractice

medical malpractice

According to an article published in the New York Law Journal, dated November 23, 2012 (dec.nylj.com/1202578939095), an injured patient filed a medical malpractice lawsuit against NYU Hospital for Joint Diseases. The plaintiff filed a motion to avoid having to serve a fourth supplemental bill of particulars to the defendant, NYU Hospital for Joint Diseases. The…

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