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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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New York City Medical Malpractice Law Blog

Hospital Negligence

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Monday, May 06, 2019.

Oftentimes, there is confusion regarding hospital negligence and other forms of medical malpractice. Unlike other types of medical negligence, hospital negligence is not related to individual physicians; but it involves improper conduct on the part of hospital administration or hospital employees which results in physical injury to you or a family member.

Causes of Hospital Negligence

Hospital negligence can take many forms, all of which can result in a number of otherwise preventable injuries. Such causes include:

  • Unsafe facilities
  • Unsanitary facilities
  • Insufficient staffing
  • Under-trained staff
  • Inadequate or antiquated equipment
  • Lost records and test results
  • Improper communication
  • Insufficient monitoring and reporting

Whilst these causes may appear minor in isolation, hospital negligence and other forms of medical malpractice are now the third-leading cause of death in the USA.

The Christopher Duntsch Case

A well-known medical malpractice lawsuit regarding hospital negligence is that of the Christopher Duntsch case. Now known as “Doctor Death,” Christopher Duntsch, a neurosurgeon, botched multiple surgeries which left patients disabled, immobile, and in chronic pain. The worst cases resulted in death.

Baylor Regional Medical Center of Plano, the hospital where Christopher Duntsch worked, was tolerant of his behavior and only suspended him for a month after he killed a patient during surgery. When his suspension was lifted, Duntsch operated again and another patient died. Baylor Plano continued to allow Duntsch to operate and even publicized his services and encouraged doctors to refer patients to him.  

By law, Baylor Plano should have reported him to the National Practitioner Data Bank for these repeat offenses, yet all they did was ask him to leave discreetly, for fear of a lawsuit. Additionally, Baylor Plano wrote Christopher Duntsch a letter asserting that he had no outstanding investigations or restrictions at the hospital. This allowed him to move on to Dallas Medical Center where he would botch yet another surgery, causing a patient to bleed to death.

Christopher Duntsch is responsible for maiming more than 30 patients, as well as causing two deaths. After a long, arduous medical malpractice lawsuit, he was sentenced to life in prison in February 2017.

Legal Matters

It is essential for you to get representation from an experienced medical negligence lawyer when suing a hospital, especially if you are seeking compensation for hospital negligence. This is because a complex body of rules regulates medical malpractice law, and you will need a lawyer familiar with the rules of NYC.

Proving Hospital Negligence

Ultimately, it needs to be proved that the level of care provided to you was below a reasonable standard and that this poor standard of care is the cause of your resulting injury.

What Does Compensation Cover?

After your medical malpractice attorney has filed a successful medical malpractice claim, you will be able to receive coverage for your:

  • Pain and suffering
  • Lost companionship - when applied to a spouse
  • Loss of income and future income
  • Loss of benefits
  • Additional medical expenses
  • Funeral expenses - in cases involving wrongful death


If you believe that you or a family member may have been a victim of hospital negligence, 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 1-212-697-9280 for a free, confidential consultation.


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$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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