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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

Stroke Patient Wins $217 Million in Medical Malpractice Lawsuit

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Monday, January 27, 2020.

In August of 2000, a professional basketball player from the Philippines checked himself into the University Community Hospital-Carrollwood in Floridan complaining of a headache, nausea, dizziness, confusion, and double vision. The man’s name was Allan Navarro, and he informed the triage nurse that he had a personal medical history of hypertension, diabetes, and elevated cholesterol, as well as a family history of strokes.

When the attending emergency physician saw him, Allan told him that he had a headache that appeared suddenly during the day and that he had felt a “pop” in his head. Even though Allan provided all of this information, the physician attending him did not conduct a full case history examination, nor did he conduct a neurological examination. Allan spent close to 6 hours in the hospital and was discharged with a “sinusitis/headache” diagnosis after two CT brain scans had been completed. The physician prescribed him some Vicodin for the pain and an antibiotic.

Sadly, Allan woke up the next morning with an excruciating headache, slurred speech, nausea, confusion, and difficulty walking. He went back to the hospital’s emergency room and was labeled an “urgent” patient even though he had still not been diagnosed with a stroke.

Allan was quickly moved to the University Community Hospital-Carrollwood’s sister hospital, University Community Hospital-Fletcher, where he was diagnosed with a stroke and underwent emergency surgery because his brain had swelled so severely. 

Due to the physician's negligence and failure to diagnose his stroke, Allan remained in a coma for three months after his surgery, and now has substantial brain damage and is confined to a wheelchair. Worse still, the investigation revealed further medical malpractice, as the physician who conducted Allan’s initial examination was actually an unlicensed physician’s assistant who should never have seen him in the first place.

Allan’s medical malpractice lawsuit was long, arduous, and extensive, but he was awarded a staggering $217 million in damages by the time his trial concluded. Though the money won’t give him back the life he once had, Allan donated a substantial amount to aid charities that help people with spinal cord and brain injuries.

Legal Matters

There are certain procedural steps that you will need to follow if you wish to file a medical malpractice lawsuit and ensure that you stand a high chance for the best possible outcome.

Because these steps are quite complex, it is recommended that you consult with a medical malpractice lawyer to guide you through the process. If you live in NYC, then you should consult with a qualified NYC medical malpractice attorney who is familiar with the laws and statute of limitations specific to the state.

The procedural steps that you will need to follow are:

  1. Proving that a doctor-patient relationship existed between you and your doctor
  2. Explaining that your doctor was negligent when treating you and that they did not conform to the expected standard of care of their profession
  3. Showing that their negligence caused you injury or harm
  4. Indicating that this injury or harm led to specific, considerable damages that caused you pain and suffering

Contact

If you think that either you or even a family member may have been a victim of medical malpractice or hospital negligence, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC. 

Call 1-866-516-5887 and speak to one of our medical malpractice attorneys for a free, confidential consultation today.

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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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