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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Surgical Errors on Monday, July 22, 2019.

There are 6 major surgical errors that have been found to be the most common both nationally and internationally. These errors are most often featured in medical malpractice cases and include the following:

1. Wrong-Procedure Surgical Error

A wrong-procedure surgical error is an error that occurs when your surgeon performs the incorrect surgical procedure on you. An example could be if you were scheduled for a foot amputation, but your surgeon amputates your entire calf instead.

2. Wrong-Site Surgical Error

A wrong-site surgical error is an error that occurs when your surgeon performs your scheduled surgical procedure, but on the wrong part of your body. 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Birth Injuries on Friday, July 19, 2019.

In September 2017, a Superior Court jury issued a $3 million dollar verdict against a Dover OB-GYN who was accused of causing permanent nerve damage and paralysis to a newborn’s right arm by forcefully pulling the baby out by his head during delivery. 

Though the incident happened in 2008, the baby’s mother did not file a medical malpractice lawsuit until 2014 in New Castle County Superior Court, Delaware. According to court documents, Peter Wong - the OB-GYN involved in the delivery - pulled too hard on the baby’s head and neck while trying to dislodge the baby’s stuck shoulder. Monica Broughton, the child’s mother, stated that Peter Wong did not disclose the risks associated with the procedure to her beforehand.

During the trial, Peter Wong argued that he had not been medically negligent and that the baby’s injuries were as a result of the maternal forces of labor. 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Wrongful Death on Monday, July 15, 2019.

One of the most famous wrongful death lawsuits is the Hartman versus Pfizer Hollywood lawsuit which occurred in the early 1990s.

In 1998, Phil Hartman, a well-known comedian and Saturday Night Live actor, was shot and killed by his wife, Brynn, who then turned the gun on herself and took her own life. What appeared to be a murder-suicide case soon turned into a wrongful death lawsuit, after Brynn’s brother sued Pfizer Pharmaceuticals which manufactured the anti-depressant Zoloft.

According to Brynn’s brother, Brynn had been prescribed Zoloft due to chronic panic attacks, low self-esteem, and depression. His argument is that the drug, which was very popular at the time, drove her to insanity which then caused her to shoot her husband and herself after a late-night argument. 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Friday, July 12, 2019.

On the 11th of September, 2003, John Ritter, a well-known comedic actor on shows such as “Three’s Company” and “8 Simple Rules,” died as a result of an aortic dissection - also known as a tear in the inner layer of the aorta. This condition is fatal, as the aorta is the main blood vessel that transports blood away from your heart and to the rest of your body. 

The signs and symptoms of aortic dissection and heart attack are very similar; thus doctors need to be stringent and follow all the necessary protocols to ensure that an accurate diagnosis is made. 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Nursing Negligence on Monday, July 08, 2019.

According to a new report published in the Mail Online on 2 July 2019, a recent study of more than 1,000 nurses in the US found that the incidence of nursing negligence and medical errors has increased in recent years. The study indicated that this is largely due to exhausted nurses and nurse burnout

Statistical analysis of the study’s results revealed the following:

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Friday, July 05, 2019.

Medical malpractice is sometimes also known as medical negligence. It occurs when a healthcare professional, or provider, does not provide you with the correct treatment or provides you with substandard treatment. If these professionals and providers fail to take appropriate action to treat your condition, then medical malpractice is said to occur. 

Based on this, a medical malpractice lawsuit makes it possible for you or your family member to receive compensation from the harm that resulted from this sub-standard treatment.

What are the Major Types of Medical Malpractice?

There are several types of medical malpractice errors that commonly occur across the country and internationally. These include: 

  • Diagnostic errors: such as misdiagnosis or a failure to diagnose, as well as failing to order appropriate tests and act on test results 
  • Medication errors: such as prescribing the wrong medication or the wrong dosage, as well as not checking for drug interactions
  • Management errors: such as the spread of infection within the hospital, poor record keeping and failure to obtain informed consent
  • Treatment errors: such as incorrect treatment resulting in persistent pain after treatment and/or surgery, as well as delaying treatment
  • Surgical errors: such as unnecessary or incorrect surgery, leaving surgical tools inside the patient's body after surgery, and operating on the wrong part of the body
  • Aftercare errors: such as premature discharge, not following up, and the appearance of pressure ulcers and bedsores

Who Will Be Involved in the Lawsuit?

There are many people who are involved in a medical malpractice lawsuit, which is why it is best for you to consult with a medical malpractice lawyer. 

In a medical malpractice lawsuit, you are known as the plaintiff as you are the person who is bringing a case against another person or provider in a court of law. The person or provider that you are suing is known as the defendant. Whoever wins the case is known as the prevailing party and whoever loses the case is known as the losing party. The judge or jury involved in your lawsuit is known as the factfinder.

What are the Basic Elements of a Medical Malpractice Lawsuit?

As your NYC medical malpractice attorney will inform you, there are four basic elements that need to exist in order for your medical malpractice lawsuit to be a success. You need to prove that:

  1. A doctor-patient relationship existed between you and the defendant
  2. That the defendant was negligent when treating you and did not conform to the expected standard of care
  3. That the defendant’s negligence caused you injury or harm
  4. That this injury or harm led to specific, considerable damages that caused you suffering

The complexity of a medical malpractice lawsuit is further exacerbated by the fact that the standards and regulations for medical malpractice and medical malpractice law differ between states, and so it is essential that you consult with a professional NYC medical malpractice lawyer before opening a case. 

Contact

If you believe that you or a family member may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.

When you are ready to talk, we are ready to listen. Call 1-866-516-5887 for a free, confidential consultation.

 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Tuesday, July 02, 2019.

In 2017, army veteran Richard Hopkins, aged 65, of Davenport died after developing a post-surgery infection at the Veterans Affairs hospital in Iowa City. His family filed a medical malpractice lawsuit in June 2019 against the hospital. His family says that the infection that killed him was caused by medical negligence and that at least 3 other patients in the same hospital suffered similar complications.

The hospital negligence lawsuit centers around the fact that Veterans Affairs hospital in Iowa City illegally hired a neurosurgeon, John Henry Schneider, who has a history of medical malpractice allegations and whose medical license had been revoked in Wyoming in 2014 due to allegations of poor patient care. The hospital hired Schneider in 2017 at an annual salary of $385,000 despite knowing his past and that there is a federal law stipulating that doctors whose state licenses have been revoked cannot work for the Veterans Affairs hospitals no matter the state that it is in.

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Anesthesia Error on Monday, June 24, 2019.

Anesthesia is used for most medical procedures as a method of pain management. There are different types of anesthesia which are used for different medical procedures. This is dependent on the type of surgery and where on the body the surgery is taking place. The type of anesthesia used for major surgeries is called general anesthesia.

Risks of General Anesthesia

Due to the nature of major surgery and the medications involved, there are several risks associated with the use of general anesthesia which your doctor should discuss with you. Some major risks associated with general anesthesia include: 

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Nursing Negligence on Friday, June 21, 2019.

Nurse burnout is a physical, mental, and emotional exhaustion experienced by nurses which negatively affects patient outcomes and leads to job dissatisfaction. The number of nursing negligence lawsuits has increased due to nurse burnout, which is largely caused by organizational factors.

Nursing negligence is an unfortunate and often unavoidable consequence of nurse burnout. Stress, long working hours, infrequent breaks, and rotating shifts slow down reaction times, increases errors, and reduces motivation. All of these factors affect patient care.

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CASE OF THE MONTH

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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