What is "Medical Malpractice"?

Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice are too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

What must be shown to prevail in a medical malpractice case?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: The health care provider owed a duty to the patient The health care provider breached that duty The patient suffered an injury The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

What is the first step in pursuing a medical malpractice claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

Have I waived my rights because I signed a consent form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgment of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

I've heard that lawsuits take a long time. Is that true with malpractice cases?

Malpractice cases don't necessarily take any longer than other cases, but doctors, hospitals, and insurance companies often try to drag them out. Malpractice claims are often delayed because the doctor or hospital knows they will ultimately have to pay. In other words, they know that they made a horrible mistake. We work hard to prevent these delays.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

It's taken me several months to work up the nerve to do anything about my situation. Am I running out of time to file a lawsuit against my doctor?

Statutes of limitations govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim. Each state has different statute of limitation periods which apply to personal injury cases under various circumstances. In some cases, the statute of limitations may be as short as one year, while under different circumstances, it may be eight years or more. Many factors bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others. One must make absolute certain that they are aware of when their statute of limitations period expires, or risk jeopardizing their legal rights. An experienced personal injury lawyer can be of assistance in this regard.

Nothing serious has happened to me yet, but I'm beginning to question my doctor's care. What can I do to prevent malpractice?

The best advice we can give to you is to listen to your body. If your doctor tells you that you're fine, but you don't feel fine, make another appointment. As you are listening to your body, educate yourself on what's happening. Use the library and the Internet to find out about your symptoms and what tests are usually run for them. Have your doctor write everything down for you. If your doctor denies you a particular test or a referral to a specialist, have the doctor explain in writing the reason for the denial. If the doctor won't write it down, you should seek counsel by a qualified attorney.

Alleged Wrongful Death of Guitarist Frey Lawsuit

Glenn Frey's widow filed a wrongful death lawsuit against Mount Sinai Hospital in 2018, claiming unspecified damages for her husband’s death. Cindy Frey alleged in her lawsuit that the hospital failed to treat her husband correctly before he died in Jan. 2016 at the age of 67. Frey was the former co-lead singer and guitarist for the Eagles and had ulcerative colitis, for which he was being treated at the hospital. His widow claims that his condition was not diagnosed or treated correctly, and no warning was given of the side effects of treatment either.

How the Event Unfolded

When Glenn Frey died on Jan. 18, 2016, his widow, Cindy Frey, claimed that the hospital where he was being treated, Mount Sinai Hospital, failed to diagnose his illness correctly and did not treat him satisfactorily either. They also did not mention or provide advice regarding the risks and side effects of the treatment.

Cindy Frey - who had three children with her husband - sued the hospital and its gastroenterologist, Steven Itzkowitz, for medical negligence and failure to treat her late husband's ulcerative colitis.

Frey was being treated under Itzkowitz's supervision from Oct. 2015 to Nov. 2015 and died from complications on Jan. 18, 2016. The Eagles said that his acute ulcerative colitis, pneumonia, and rheumatoid arthritis caused his demise.

The lawsuit, filed in a New York state court in Manhattan, asserted that Frey had been suffering from pain, and his mental health was also severely affected because of his condition. The lawsuit stated he was sick, sore, lame, and disabled at the end of his life.

Glenn co-founded the Eagles in 1971 and saw some of its biggest hits in collaboration with lead drummer Don Henley. Frey had been the lead vocalist for many hits, including Take It Easy, Lyin' Eyes, and Heartache Tonight. He also flew solo with successful songs, such as The Heat is On, which was recorded for a movie.

Mount Sinai's spokesperson, Lucia Lee, said that the hospital would not comment on the pending litigation suit. Cindy's medical malpractice lawyer also refused to elaborate on the case. The suit was filed before New York's two-year statute of limitations for wrongful deaths expired.

Every year, dozens of individuals suffer from medical malpractice in NYC hospitals. Most of the cases are so severe that either the patients die or experience lifelong complications and disabilities. The state requires lawyers to consult with doctors to determine whether the wrongful death claim holds merit.

The Legal Aspect

Medical negligence is a serious offense. If you or a loved one of yours has been a victim of hospital negligence in NYC, and you think that the case holds merit, you should consult with a medical malpractice attorney to explore your legal options.

A good medical malpractice lawyer will study your case and tell you if it makes sense to file a medical malpractice lawsuit. Be sure to hire only an experienced medical negligence lawyer who has handled similar cases in the past to increase your chances of success. A lawyer with the right experience will guide you properly and help you get justice and compensation for your damages.

For a free review of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online.

Where do I start… As a client of a malpractice case, I did not know what to expect. However, the support from Rosenberg, Minc, Falkoff & Wolff Law firm made me feel at ease. The dedication, compassion, and overwhelming hard work that Gary Silverstein put in was undeniably AMAZING. Seeing how hard and diligent Gary worked on my case made me realize that I had the best team on my side. The support from the entire legal team was unbelievable. There were continuous updates, follow-ups, most importantly assurance of any concerns I had before and during my trial. In fact, during the trial Gary showed a vast form of knowledge, strategic and responsive thinking, and most importantly wisdom. His dedication was unbelievable, and not one time did I not feel involved. I am truly appreciative for all that Rosenberg, Minc, Falkoff & Wolff Law have done, but mostly I am appreciative of the amazing staff they have. Lorraine and Sharon played a big part in my case, and I am truly thankful for their support and hard work. I am truly happy to have been a client of Rosenberg, Minc, Falkoff & Wolff Law. I highly recommend them and will continuously refer them, Thank you RMFW!