medical malpractice awards ny healthcare

The continued surge in the number of large medical malpractice jury verdicts and out-of-court settlements presents significant challenges for the medical community and insurers in New York and other parts of the country. With an increasingly complex medico-legal environment and high financial stakes, the need for strategic risk management and medical reform is more pressing than ever.

A Landmark Medical Malpractice Verdict in New York

In December 2023, a jury in New York ordered Westchester Medical Center Health Network to pay a staggering $120 million to a patient and his family. This verdict came after delayed stroke care resulted in significant brain damage. Such massive awards, termed "nuclear verdicts," are becoming more common against physicians and hospitals across the United States, signaling a worrying trend for the medical community.

Incremental Jump in Multi-Million Dollar Awards

Data from TransRe, an international reinsurance company, highlights that 2023 witnessed an unprecedented surge in high-value medical malpractice verdicts. Richard Henderson, senior vice president for TransRe, noted, "2023 blew away every record previously set among high medical malpractice verdicts." According to TransRe, there were 57 medical malpractice verdicts of $10 million or more in 2023, with more than half exceeding $25 million. This represents a significant increase compared to the years between 2012 and 2022, where verdicts of $10 million or more ranged from 34 to 52 annually.

Nationwide Trend and Unpredictable Jurisdictions

While historically, New York, Illinois, and Florida were the states with the highest dollar verdicts related to medical malpractice, recent years have seen such nuclear verdicts in states like Utah and Georgia, where they were previously uncommon. Robert E. White Jr., president of TDC Group and The Doctors Company, attributes this shift partly to the rollback of tort reforms across the country. For instance, Georgia's cap on noneconomic damages has been ruled unconstitutional, and parts of Utah's pre-litigation panel process have also been struck down.

The Role of the Pandemic and Public Sentiment

Various theories attempt to explain the rise in nuclear verdicts. Henderson suggests that the pandemic played a role, with plaintiffs' attorneys holding back on high-dollar cases until courts resumed normal operations. Moreover, there is a theory that the pandemic left people angrier, affecting jury decisions. The initial "halo effect" where healthcare professionals were seen as heroes, dissipated – and healthcare providers started being viewed in a poor light.

Impact of Healthcare Consolidation

Bill Burns, vice president of research for the Medical Professional Liability Association, points to the consolidation of hospitals and medical groups as a factor reducing the personal connection juries might feel with healthcare providers. This corporatization of medicine often puts companies, rather than local community hospitals or familiar family doctors, on trial, which can lead to higher verdicts.

NYC Medical Malpractice Lawyer Strategies and Jury Thought Process

Medical malpractice attorneys in New York City and elsewhere employ strategies to secure higher verdicts for the injured victims, such as portraying the healthcare provider or hospital as a community threat. This approach can prompt juries to award large verdicts both as punishment and as a deterrent to prevent future negligence. Mike Stinson, vice president for policy and legal affairs for the Medical Professional Liability Association, highlighted that jurors might be trying to right social wrongs through these cases.

Third-Party Litigation Financing

An emerging practice contributing to higher verdicts is third-party litigation financing. Companies unrelated to the lawsuit provide capital to plaintiffs in return for a portion of any financial award. This financial backing allows plaintiffs to hold out for higher settlements and can prolong litigation.

Rising Medical Malpractice Premiums

The consequences of these massive awards extend to the insurance market, leading to higher medical malpractice premiums. Michael Matray, editor for the Medical Liability Monitor, noted that nuclear verdicts significantly impact underwriting losses and are a major concern for malpractice insurance companies. Premium rates have been increasing since 2019, with rates varying widely by region.

New York Medical Negligence Case in Spotlight: Stroke Treatment Delay Leads to Biggest Ever Medical Malpractice Verdict in Westchester

In a groundbreaking decision, a former Elmsford man and his family were awarded $120 million, the largest malpractice verdict in Westchester County history. This massive financial award followed a delayed stroke treatment by doctors at Westchester Medical Center (WMC), resulting in severe and lasting damages for the patient, William R. Lee.

The Incident

In November 2018, 41-year-old William R. Lee, a commercial real estate broker and father of two, experienced a life-altering medical emergency. Around 3 a.m., Lee's spouse, Anna Lee, was awakened by a thud and found her husband convulsing on the bathroom floor. Suspecting a stroke, she immediately called 911. First responders quickly transported Lee to WMC in Valhalla, a nationally certified stroke center, where he arrived around 3:40 am.

Initial Assessment and Delay

Upon arrival at the emergency room, a stroke code was called, and a CT scan was performed to detect any occlusions, or clots, in Lee’s brain. During the trial, the Lees’ lawyer emphasized the critical importance of rapid diagnosis and treatment in stroke cases, using the adage "time is brain" to underscore the urgency. Taking this into account, the initial assessment was conducted by resident doctors without an onsite board-certified radiologist at that time. The residents concluded that there was no clot.

Critical Oversight and Further Complications

It was not until three hours later that an attending radiologist reviewed the scans and identified a basilar artery occlusion. A thrombectomy was performed to remove the clot, but by then, Lee had already suffered significant brain damage. In addition, the jury was informed that a delayed diagnosis of antiphospholipid syndrome, a condition that causes blood clots, further exacerbated Lee’s condition.

Pain and Suffering

The verdict awarded William R. Lee $9.375 million for past pain and suffering and $41.625 million for future pain and suffering. Anna Lee was awarded an identical amount for past and future loss due to her husband's injuries, totaling $9.375 million and $41.625 million respectively. She also received $550,000 to cover the costs of medical supplies and services needed for her husband's care. Furthermore, funds were allocated for Lee’s future medical and residential care needs.

Impact on the Lee Family

The damages awarded reflect the profound impact of the medical malpractice on the Lee family. According to court testimonies, Lee now resides in a care facility, suffers from memory issues, and is unable to care for himself. The Lees' lawyer poignantly described the situation, stating, "Unfortunately, he can no longer be a husband to his wife, a father to his children. It's been a horrific situation for them."

Legal Proceedings

The lawsuit was filed in the state Supreme Court in January 2020, and the case was presided over by Judge Paul Marx in the state Supreme Court in Westchester County. The jury took just one day to deliberate and reach their verdict, underscoring the compelling nature of the evidence and the severity of the damages sustained by Lee.

A Reminder to the Medical Community in New York

This record-setting verdict in Westchester County, New York not only provides significant financial relief to the Lee family but also highlights critical issues in the healthcare system, particularly the importance of timely and accurate stroke diagnosis and treatment. The case serves as a stark reminder to medical professionals of the serious consequences that can arise from delays and oversights in patient care.

Choose the Trusted New York City Medical Malpractice Lawyers to Maximize Your Compensation

When you are facing the devastating consequences of medical malpractice, the right legal representation can make all the difference to the outcome of your case. Rosenberg, Minc, Falkoff & Wolff, LLP stands out as a premier choice for individuals who seek compensation for medical malpractice claims. With a legacy of over 100 years, a specialization in medical malpractice law, and a record of multi-million dollar verdicts and settlements, RMFW Law has established itself as a leader in the field.

Legacy of Excellence: Over 100 Years of History

Founded in 1922, RMFW Law has been serving New York City residents for over a century. This extensive history reflects a deep-rooted commitment to justice and a profound understanding of the legal landscape. The firm's longevity speaks volumes about its ability to adapt, thrive, and consistently deliver outstanding results for its clients. Throughout its history, RMFW Law has built a reputation for excellence, integrity, and relentless advocacy.

Specialization in NY Medical Malpractice Cases

Medical malpractice is a complex and highly specialized area of law, requiring specific expertise and experience. RMFW Law focuses on this practice area, equipping its attorneys with the knowledge and skills necessary to navigate the intricacies of medical malpractice cases. The firm's specialization allows it to provide clients with a nuanced understanding of medical procedures, standards of care, and the healthcare system, ensuring that every aspect of a case is thoroughly examined.

Record of Multi-Million Dollar Verdicts and Settlements

RMFW Law has a proven track record of securing maximum compensation for its clients. The firm's medical malpractice lawyers in New York have achieved numerous multi-million dollar verdicts and settlements in medical malpractice cases, demonstrating its ability to effectively advocate for victims and hold negligent parties accountable. Some notable successes include:

  • $15 Million Settlement for Birth Injury: RMFW Law secured a $15 million settlement for a child who suffered severe brain damage due to medical negligence during delivery. The compensation ensured lifelong care and support for the child and family.
  • $10.9 Million Verdict for Surgical Error: The firm obtained a $10.9 million verdict for a client who experienced catastrophic injuries due to a surgical error. The award covered medical expenses, lost wages, and pain and suffering.
  • $8 Million Settlement for Delayed Diagnosis: RMFW Law achieved an $8 million settlement for a patient whose cancer diagnosis was delayed, leading to advanced disease and diminished quality of life.

These results highlight the firm's capability to handle high-stakes cases and achieve justice for its clients.

Comprehensive Legal Support and Client-Centered Approach

RMFW Law is dedicated to providing comprehensive legal support tailored to the unique needs of each client. The firm understands the emotional and financial toll that medical malpractice can take on victims and their families. Therefore, it prioritizes clear communication, compassionate guidance, and unwavering support throughout the legal process.

From the initial consultation to the final resolution, RMFW Law ensures that clients are informed and involved in every step of their case. The firm's attorneys take the time to listen to clients' concerns, answer their questions, and develop personalized legal strategies aimed at maximizing compensation and achieving justice.

Powerful Team of NYC Medical Malpractice Attorneys

The success of RMFW Law is built on the strength and expertise of its legal team. The firm's New York medical negligence attorneys are seasoned professionals with decades of experience in medical malpractice litigation. They bring a wealth of knowledge, tenacity, and a deep commitment to their clients. The team includes:

  • Daniel Minc: A leading trial attorney with a reputation for securing huge settlements and verdicts in medical malpractice cases. Minc's strategic approach and courtroom prowess have earned him recognition as one of New York's top medical malpractice lawyers.
  • Jeffrey M. Kimmel: An experienced litigator with a focus on complex medical malpractice cases. Kimmel's analytical skills and dedication to his clients have resulted in numerous successful outcomes.
  • Peter M. Rosenberg: A veteran medical malpractice lawyer in New York with extensive experience in negotiating high-value settlements. Rosenberg's negotiation skills and attention to detail ensure that clients receive the compensation they deserve.

Choosing the right legal representation is vital in medical malpractice cases in New York City, where the stakes are high and the outcomes can have a profound impact on victims' lives. Rosenberg, Minc, Falkoff & Wolff, LLP offers the highest level of legal representation, a legacy of excellence, and a proven track record of achieving maximum financial compensation for their clients in New York. To schedule your free consultation, call us at 212-344-1000 or contact us online.

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