Medical Malpractice Blog

Jun

2018

Stroke Victims Beware: Many Doctors Still Not Giving “Clot Buster” Drugs

Close to 700,000 patients have strokes caused by blood clots each year and could be helped by tPA. Yet up to 30% of stroke victims who arrive at hospitals on time and are the perfect candidates for the clot-buster do not receive it.” This, even though the American Heart Association and The American Stroke Association strongly endorse tPA after proper patient evaluation. Stroke Victims Beware: Many Doctors….

Continue reading: Stroke Victims Beware: Many Doctors…

Apr

2018

Insurer Anthem Will No Longer Cover Anesthesia for Cataract Surgery. A Dangerous Move?

Health insurer Anthem will no longer authorize payment for anesthesia services during cataract operations. It believes the surgeon is capable of administering and monitoring anesthesia in addition to performing the surgery unless there are certain extenuating circumstances.

Continue reading: Insurer Anthem Will No Longer…

Jan

2018

Feeding Tubes Can Save a Life or End It

Most reports indicate these pulmonary events required urgent intervention, including needle decompression or chest tube placement. Several of these events were associated with cardiopulmonary arrest and patient death.

Continue reading: Feeding Tubes Can Save a…

Jan

2018

Patient Choices Can Affect the Outcome of a Medical Malpractice Suit

In New York State, doctors are responsible for informing patients of the risks of and alternatives to a surgical procedure. If they do not, and the surgery goes awry, they are legally responsible for damages (under the legal theory of “Lack of Informed Consent”).

Continue reading: Patient Choices Can Affect the…

Dec

2017

My Doctor Should Be in Jail!

As a practical matter as well, an individual injured by malpractice, even reckless medical practice, will typically only be able to find remedy in a civil case. In fact, It can be counterproductive for a claimant in a civil case to add claims for "punitive" damages or allege criminal wrongdoing.

Continue reading: My Doctor Should Be in…

Dec

2017

My Doctor Says I Have A Case

From time to time, when a prospective client calls our office, he or she tells us that a treating or consulting physician has said, “You have a medical malpractice case.

Continue reading: My Doctor Says I Have…

Dec

2017

Top 10 Tech-Related Health Hazards for 2018

North & Deutsch has achieved success in multiple malpractice suits resulting from tech-related issues. In one instance the wrong medication was administered to a patient who died as a result. In another suit that drew a large settlement, 30 people got hepatitis C because colonoscopy instruments were not properly cleaned.

Continue reading: Top 10 Tech-Related Health Hazards…

Dec

2017

Wrongful Death Cases: The Issue of Suffering

To prove a case of “wrongful death” the attorney is required to show that there was a wrongful or negligent act (such as medical malpractice) which was “a cause” of the patient’s death. Of note, the negligence or malpractice does not have to be the only cause of death.

Continue reading: Wrongful Death Cases: The Issue…

Nov

2017

Heart Stents Often Unnecessary

Whether stents are necessary matters greatly because any surgery, particularly on the heart, carries significant risks, including death. Therefore, if studies do not demonstrate a proven benefit for stenting single-vessel disease, it no longer appears acceptable for a physician to simply tell a patient they “need a stent” because of one blocked vessel.

Continue reading: Heart Stents Often Unnecessary

Nov

2017

Top Urologist Investigated for Double Booking and Overcharging

In September we blogged about allegations against one of Lennox Hill Hospital’s prominent urologists, Dr. David Samadi – chairman of the department – who allegedly double-booked surgeries, that is, booked more than one operation at the same time, even though he had told his patients that he would be their surgeon.

Continue reading: Top Urologist Investigated for Double…

Nov

2017

The Opioid Epidemic and Over Prescription

They are often appropriately involved with patients who have an ongoing need of significant pain control. It is our belief that patients would benefit more from being referred to pain management specialists when they have significant ongoing pain-control needs than given more medication.

Continue reading: The Opioid Epidemic and Over…

Nov

2017

Physician Burnout is a Danger to Patients

A significant percentage of physicians are burned out or otherwise unable to provide the best medical care available to patients. This, of course, puts patients in jeopardy and leads to errors that could result in strong medical malpractice suits.

Continue reading: Physician Burnout is a Danger…

Oct

2017

Proving Pain and Suffering in a Negligence Case

Sometimes the most significant part of a legal award is for “pain and suffering.” We all understand the concept of pain, and we all understand the word “suffering,” but the legal meaning of “pain and suffering” as a legal basis for compensation is often misunderstood by those who are not attorneys.

Continue reading: Proving Pain and Suffering in…

Oct

2017

Future Consequences of the Immediate Injury

Traumatic injury to a joint may very well be exhibiting signs of arthritis in later years. Depending on the joint involved and the specific injury, surgery can sometimes bring about temporary relief, but surgery can also bring with it additional complications.

Continue reading: Future Consequences of the Immediate…

Sep

2017

Dog Bite and Many Medical Errors Nearly Cause Patient’s Death

Not every case in which a doctor “did something wrong” results in a medical malpractice case. Sometimes there is fault on the part of the doctor and the patient. Depending on the circumstances, a case may still be brought.

Continue reading: Dog Bite and Many Medical…

Sep

2017

“My Doctor Made Me an Addict.” Can I Sue?

The epidemic rise of opioid addiction is a national problem that has a strong presence in the media today. Suits have been filed by states and other entities against pharmaceutical companies, alleging they have misrepresented the risks of addiction for their medications. These suits are still in their inception, and their future viability remains to be seen.

Continue reading: “My Doctor Made Me an…

Sep

2017

Birth-Related Brain Damage in Newborns

Some of the most serious medical malpractice cases our firm has handled are those in which newborns suffer a lack of oxygen during the labor and delivery process because of negligent management.

Continue reading: Birth-Related Brain Damage in Newborns

Sep

2017

Who Really Did Your Surgery?

Like any good idea, training new doctors by allowing them hands-on experience can be pushed beyond its reasonable limits. Recently, medical malpractice claims displayed the practice of surgeons delegating too much surgery or sometimes even entire surgeries to inexperienced residents been brought into the spotlight

Continue reading: Who Really Did Your Surgery?

Aug

2017

Medical Malpractice from Incorrect Diagnosis

Lenox Hill Hospital surgeon apparently went ahead and performed a mastectomy on a woman's based solely upon the original, outside pathology reading. After the surgery, the removed breast was sent for further analysis in the Lenox Hill pathology department, where it was discovered that the breast contained no cancer. Hence, medical malpractice litigation resulted.

Continue reading: Medical Malpractice from Incorrect Diagnosis

Aug

2017

Bronx Hospital Shooting

Recently, New Yorkers (and many around the country) were shocked at the news that a doctor came into the Bronx Lebanon Hospital with a rifle hidden under his lab coat and killed another physician. Dr. Bello was allegedly fired from the hospital for many confrontational interactions with staff and ultimately an allegation of sexual harassment. In addition, Dr. Bello had at least two prior criminal convictions.

Continue reading: Bronx Hospital Shooting

Jul

2017

Life-Changing Injury Due to Negligence or Malpractice

We take a personal approach with all our clients, providing tailored advice to their situations during the pendency of a case. There are however some recurring issues during a case that are worth knowing for anyone considering bringing one.

Continue reading: Life-Changing Injury Due to Negligence…

Jul

2017

Can Your Psychiatric Records Be Protected During A Case?

In a medical malpractice case, records of injury normally must be disclosed bring with it the question of whether the attorneys defending the doctor or hospital that caused an injury are entitled to review psychological counseling records in addition to medical records for physical injury treatment. Our clients sometimes ask whether we can withhold or restrict access to these records.

Continue reading: Can Your Psychiatric Records Be…

Jul

2017

Medical Malpractice In Teaching Hospitals

Patients may assume that the attending (supervising) physician has done the surgery on his or her own. This is often not the case, and if adverse events occur, there is no record of whose hands caused the damage

Continue reading: Medical Malpractice In Teaching Hospitals

Jul

2017

Prostate Cancer Cases and Tailoring Treatment to the Patient

Some of the most serious cases involve patients who believe their physicians did not make timely diagnoses of prostate cancer, tests were administered, but the results warranted follow-up care or treatment that was not provided. Sometimes the issue is communications-related: A physician may not have communicated results to a patient or communicated them improperly to other physicians.

Continue reading: Prostate Cancer Cases and Tailoring…

Jun

2017

Medical Devices Can Sometimes Result in Loss of Life

A doctor who had campaigned against using a medical device called a power morcellator to remove uterine fibroids laparoscopically, died in May from widespread uterine cancer caused by improper use of that device.

Continue reading: Medical Devices Can Sometimes Result…

Jun

2017

A Case of the Wrong Drug: Pharmacy and Prescribing Malpractice

North & Deutsch has successfully concluded cases in which pharmacies incorrectly filled prescriptions that otherwise would have been proper. For example, we represented the family of a young woman who unfortunately died after being given an ineffective anti-malarial drug. The pharmacy had substituted a drug it thought was equivalent to the one prescribed, but which actually was not a functional equivalent.

Continue reading: A Case of the Wrong…

Jun

2017

Patients Must Be Their Own Advocates

Unless there is documentary evidence by way of medical records, writings or recorded phone messages dealing directly with the issue, most lawyers will not prosecute a medical malpractice case solely based on a “he said, she said” hypothesis.

Continue reading: Patients Must Be Their Own…

Jun

2017

Protect Against Malpractice In the ER

Lives are saved in hospital emergency rooms, and sometimes, be threatened when critical diagnoses are not made in a timely fashion, the right consultants are not called in, and for other reasons as well.

Continue reading: Protect Against Malpractice In the…

May

2017

Timely Cardiologist Care. In the ER, put your heart in the care of a cardiologist

The failure of a physician to take the necessary steps in a timely manner is the basis of many medical malpractice cases. In fact, cardiology-based claims rank among the top three most common causes of medical malpractice claims.

Continue reading: Timely Cardiologist Care. In the…

May

2017

When Unnecessary Surgery, and Goes Beyond Acceptable “Judgment”

In New York an error of judgment by a physician is not sufficient cause to sustain a medical malpractice claim if the judgment was essentially a reasonable and accepted one.

Continue reading: When Unnecessary Surgery, and Goes…

May

2017

Pain and Suffering “Caps” Can Be Unjust to the Victim, and a Windfall for the Negligent

And in many states, no matter how egregious an error, no matter how profoundly a person might endure months or years of excruciating or life-changing limitations because of an medical error, the wronged patient cannot claim more than $250,000.

Continue reading: Pain and Suffering “Caps” Can…

May

2017

Medical malpractice resulting from false positive results

We prosecuted a medical malpractice case on behalf of a woman advised that a biopsy in the vaginal area was positive for cancer. Successful treatment would necessitate, among other things, a complete reconstruction of her reproductive system including radical surgical removal of all of her paravaginal tissue as well as her reproductive organs.

Continue reading: Medical malpractice resulting from false…

Apr

2017

You may be a witness to your own medical malpractice case

A patient who is conscious and aware may “keep the operating personnel honest. It would be hard to conceal an untoward event if a patient witnesses the occurrence.

Continue reading: You may be a witness…

Apr

2017

When does the PSA controversy lead to medical malpractice claims?

Prostate cancer kills. The early diagnosis of that condition can save lives. The traditional way to monitor and manage a man’s prostate cancer risk is the Prostate-Specific Antigen (PSA) screening, a simple blood test that serves as a reliable guide.

Continue reading: When does the PSA controversy…

Apr

2017

Medical malpractice and the changing standards of care

The traditional requirement for successful prosecution of a medical malpractice case in New York State is that there was a departure from the standards of care in the course, treatment or management of the patient. But what are the standards of care and how are they determined?

Continue reading: Medical malpractice and the changing…

Apr

2017

When does medical malpractice become criminal?

Our clients sometimes remark that a doctor’s actions were “criminal.” This is sometimes, though very rarely, the case. While negligent care is never excusable, the law requires actual intent to harm, or a degree of recklessness that goes beyond negligence to become a criminal matter.

Continue reading: When does medical malpractice become…

Mar

2017

Medical malpractice claims involving delayed diagnosis of cancer

The failure of a physician to diagnose cancer in a timely fashion has resulted in many successful medical malpractice cases managed by this office. The general posture of such cases is that had the cancer had been diagnosed earlier – as it should have been – the patient’s prognosis would have been substantially better.

Continue reading: Medical malpractice claims involving delayed…

Mar

2017

Fast diagnosis and treatment of traumatic brain injury a must

Brain injury litigation might arise in a simple negligence claim involving an automobile accident, industrial accident, premises liability, or in a situation where a person suffers trauma to the brain with resulting injury. It might also be a medical malpractice claim when the brain injury is secondary to deficiencies in the management of a pregnancy or when there is a failure to appreciate, diagnose and treat a case of mild traumatic brain injury in a timely manner.

Continue reading: Fast diagnosis and treatment of…

Mar

2017

Cataract complications and the potential of medical malpractice claims

Cataract surgery often triggers some predictable but unfortunate adverse side effects, which bring a relatively high incidence of inquiries about potential medical malpractice claims to our office.

Continue reading: Cataract complications and the potential…

Mar

2017

Medical Malpractice and Informed Consent in New York

If a proper informed consent is not provided to the patient and the surgery goes awry, the doctor may be held liable in NY on a medical malpractice claim even if he or she did not perform negligently.

Continue reading: Medical Malpractice and Informed Consent…

Feb

2017

Pressure on Physician’s Lead to Medical Malpractice Lawsuits

Despite denials by many physician’s, full-time hospital employees are often urged or incentivized to perform more procedures than they might in order to increase hospital income or facilitate education. When it is obvious that unnecessary procedures are being done for either of these reasons, the soil is ripe for medical malpractice suits. It is, however, often difficult to establish that an elective procedure was unwarranted, particularly if a physician maintains that the patient was insistent upon having it.

Continue reading: Pressure on Physician’s Lead to…

Feb

2017

Missed diagnosis is a portal to a medical malpractice suit

The failure of a physician to make a timely diagnosis can be the basis for a successful medical malpractice lawsuit in New York. Often, such a failure can have catastrophic affects including permanent personal injury and in many instances death.

Continue reading: Missed diagnosis is a portal…

Feb

2017

Knee Replacements Medical Malpractice

Demand for total knee replacements is growing — 660,000 are performed each year in the United States. That number is likely to jump to two million annually by 2030, making this complex and expensive operation one of surgery’s biggest potential growth markets.

Continue reading: Knee Replacements Medical Malpractice

Feb

2017

Diagnose Infection in Timely Manner

It is not uncommon, to find medical malpractice lawsuits based on the failure of a physician to diagnose an infection in a timely manner and appropriately treat it.

Continue reading: Diagnose Infection in Timely Manner

Feb

2017

Women Heart Attacks Medical Malpractice

Yes, women have heart attacks too. In fact, according to a 2014 CDC report, heart disease is the single biggest killer of women in the U.S., a statistic that, of course, includes heart attacks. Nevertheless, there still exists a bias in the medical world that men are the primary sufferers, which results in less attention being given to women’s symptoms in the ER, particularly when the patient is young.

Continue reading: Women Heart Attacks Medical Malpractice

Jan

2017

Off-Label Meds Can Lead to a Medical Malpractice Suit

Off-label prescriptions involve the administration of medication to a patient for reasons or conditions that have not been approved by the FDA and the manufacturer. Empirical experiences and studies, however, have led some practitioners to believe that off-label use of certain medications can be effective in treating conditions for which they have not been approved.

Continue reading: Off-Label Meds Can Lead to…

Jan

2017

Breasts, Lemons, and Medical Malpractice

A doctor may face a medical malpractice claim for failing to recognize, properly test and refer a patient for further breast studies when cancer or pre-cancerous lesions are discovered. But what if a woman has not followed suggested self-exam and reporting protocols and also has not owned up to her responsibility, say, for a late discovery a fast-growing lesion?

Continue reading: Breasts, Lemons, and Medical Malpractice

Jan

2017

Failure to Perform PSA Testing Could Lead to Medical Malpractice Claims

Physicians should be alerted that failure to perform a PSA test during a comprehensive physical examination of a man older than 60 can have serious malpractice liabilities. If an untested patient later presents a more advanced cancer that could have been nipped in the bud by earlier diagnosis and treatment, the physician can be exposed to a claim of medical malpractice.

Continue reading: Failure to Perform PSA Testing…

Dec

2016

When the prognosis is dire . . .

It takes some degree of strength for a physician to be candid with a patient’s family when the prognosis is dire. Sharing in a family’s dismay is emotionally exhausting and time consuming. Bad news is not easy to deliver.

Continue reading: When the prognosis is dire…

Dec

2016

Protecting Young Athletes’ Eyes

When does an act or a omission become “negligence?” The general criteria is the failure to use the degree of care appropriate to the circumstances where there is a duty of care to another.

Continue reading: Protecting Young Athletes’ Eyes

Dec

2016

Hospital Germ Malpractice Potential

Three quarter of a million healthcare infections occur in U.S. hospitals annually resulting in the death of about 75,000 patients according to the Centers for Disease Control and Prevention.

Continue reading: Hospital Germ Malpractice Potential

Nov

2016

Patient Care Does Not Improve When Hospitals Buy Private Practices

The need to keep healthcare costs down coupled with a demand for better patient care is driving change in physician-hospital relationships. There has been a decided uptick in the number of hospitals “buying up” private practices, incorporating the physicians involved as salaried hospital staff, and absorbing their patients into the hospital system.

Continue reading: Patient Care Does Not Improve…

Nov

2016

Medical Errors, the Third-Leading Cause of Death in the U.S.

According to the British Medical Journal, medical error is the cause of more than a quarter of a million deaths in the U.S. each year, but it likely that the number is higher. It A New York Times article about the subject noted that medical error is not reported as a cause of death on death certificates, and the Centers for Disease Control and Prevention does list medical error as a category in its annual reports on death.

Continue reading: Medical Errors, the Third-Leading Cause…

Nov

2016

A Mother’s Death During Childbirth Does Not Always Signal Medical Malpractice

It happens rarely, fortunately, but it happens: A mother dies during childbirth from sudden, irreversible causes. Women have died from amniotic fluid embolism; abruptio placentae; preeclampsia, also known as hypotension of pregnancy; postpartum uterine hemorrhage; and sometimes even sudden acute causes that cannot be explained. Heart problems and underlying chronic medical conditions can fulminate at childbirth.

Continue reading: A Mother’s Death During Childbirth…

Nov

2016

To Cure or to Manage Prostate Cancer; a Good Question

Prostate cancer is the second-most common cancer among men: More than 70 men die from it daily in the U.S., and hundreds of thousands more undergo testing and treatment for low-risk prostate cancer that is not likely to harm them. The changing nature of data revealed by research about the disease makes it increasingly perplexing to determine the best course for diagnosis and management.

Continue reading: To Cure or to Manage…

Nov

2016

“It’s for You, Honey. The Doctor is Ready to See You.”

Telemedicine enables doctors or other healthcare providers to deliver medical care, advice and treatment via digital phone, web chat or other electronic means. The practice is proliferating because it facilitates more universal healthcare while also helping to keep spiraling health costs down.

Continue reading: “It’s for You, Honey. The…

Nov

2016

CMV more devastating than ZIKA to fetuses

Zika is all over the news. This mosquito-borne disease can be so devastating to a fetus that re-booking vacation plans to avoid Zika-ridden areas is de riguer. Oddly, little is heard about cytomegalovirus (CMV), a more common flu-like virus often present in children and adults which, in a pregnant woman, can lead to deafness, brain death, and other catastrophic outcomes, including death, of the baby.

Continue reading: CMV more devastating than ZIKA…

Nov

2016

Home Sweet Emergency Room, an Alternative Approach that Could Lead to Malpractice Claims

Some say the most dangerous place to be when you are sick is the hospital. One reason is that despite the best efforts by hospital management to stem the spread of bacterial infection with careful protocols, there are super bugs that resist eradication and spread easily.

Continue reading: Home Sweet Emergency Room, an…

Oct

2016

Numerous medical malpractice cases stem from discharges that should not have happened.

"You're good to go. I'm discharging you." To whom does that responsibility belong when the best interests of a patient are taken into regard? Numerous medical malpractice cases stem from discharges that should not have happened. The lion's share originates from poor judgment in the emergency department. When a patient suffering from evidence of a heart attack, bowel obstruction, appendicitis attack or other acute condition is prematurely released, the outcome - without timely treatment - can be fatal. The same can happen when a person admitted for treatment is discharged when there may be evidence of an infection that needs more acute attention or a disease that s not properly documented.

Continue reading: Numerous medical malpractice cases stem…

Sep

2016

Pediatric Medical Malpractice and Hypertension

A vital sign often overlooked by pediatricians in the course of an ordinary "well exam" is the child's blood pressure. If it is high, but remains undetected and untreated, the result can be permanent with irreversible injuries to the child and lead to serious medical malpractice claims against the pediatrician.

Continue reading: Pediatric Medical Malpractice and Hypertension

Sep

2016

Electronic Health Records Pose Potential Liability Risks

Sliding walls stacked with hand-written patient records are giving way to Electronic Health Records (EHR), and as of March 27, 2016, it is mandatory that prescriptions issued in New York State for controlled and non-controlled substances, with some exceptions, are filed electronically. As machines are not human and humans are not machines, potential liability risks are beginning to be recognized, and it is important for physicians to become familiar with them.

Continue reading: Electronic Health Records Pose Potential…

Aug

2016

Communication of Patient Data Creates Malpractice Claims

Thirty-three percent of critical patient events were not communicated by residents to attending surgeons according to research conducted in multiple surgery departments and reported in the Annals of Surgery in 2009.

Continue reading: Communication of Patient Data Creates…

Jul

2016

Death by Medical Error

In a recent New York Times article (August 16, 2016) the author, Dr. Aaron Carroll, cautions that the number of hospitalized patients who die as result of a medical malpractice event may not be as high as studies indicate because of mitigating factors.

Continue reading: Death by Medical Error

Feb

2016

Doctors like everyone else make mistakes

Doctors like everyone else make mistakes. However, their mistakes can make the difference between life and death or permanent injury. And those mistakes not only affect the patient's health, but also have significant financial impact due to additional medical treatment or the costs associated with medical malpractice litigation. Since the impact of medical mistakes has significant implications, it is useful to identify the common mistakes that are made and to try to find out how they can be prevented or reduced. Once the errors identified, better treatment protocols can be developed to limit the damage.

Continue reading: Doctors like everyone else make…

Oct

2015

Hospital Malpractice – Heart Attack In The Hospital Setting – Often Mismanaged

A heart attack, also known as a myocardial infarction, occurs when there is a sudden blockage in the flow of oxygen-rich blood to muscles of the heart. Disruptions may be caused by fat or cholesterol build-up on the lining of the arteries leading to the heart. Without the required oxygen necessary for the survival of the heart muscle, the organ begins to die. The cascading effect of this process is that the weakened heart cannot deliver an adequate supply of blood to vital organs such as the brain and kidneys and those organs then become impaired. Depending on the severity of the attack, the heart may heal in a few weeks or may be permanently damaged or, the patient may die.

Continue reading: Hospital Malpractice – Heart Attack…

Aug

2015

Reducing Medical Malpractice Claims By Physicians Most At Risk For Suit

There are many specialties in medicine. Each specialty deals with specific parts, organs or systems of the body. In order to be "specialized" in a particular field of medicine, physicians advance their medical education and training after they have completed medical school by participating in residency programs in their specialized area for a number of years and sometimes proceed to fellowship programs where there is further sub-specialization.

Continue reading: Reducing Medical Malpractice Claims By…

May

2015

Incidental Medical Findings And Annual Physical Examinations – Do They Really Make A Difference?

A patient presents to the emergency room after suffering trauma to the hip following a motor vehicle accident. A CT study of the pelvis to assess the injury is performed. The study reveals a broken hip, but also something else. A suspicious lesion on the kidney is noted. This lesion, which was unrelated to the accident and would normally not have been discovered had the accident not occurred, is known as an "incidental finding".

Continue reading: Incidental Medical Findings And Annual…

Apr

2015

To Settle or Trial, That is the Question

Different plaintiffs have different levels of risk tolerance. Some would rather be assured a definite recovery than push for a higher settlement amount and take the chance of losing it all. Others have an unrealistic sense of the value of the case and blindly seek to advance the case to trial even when there are limitations to the amount of coverage and serious problems with the liability.

Continue reading: To Settle or Trial, That…

Apr

2015

The value of Medical Malpractice case?

I sometimes ask a client "What is a house worth?" or "What is a diamond worth?" and "Who is in the best position to answer those questions?" The answers are obvious and simple - - "It depends;" "it depends;" and "It takes an expert" - - such as a real estate broker or gemologist to best evaluate such worth. The value of a house, for example, will depend upon, among other things, what other homes in the same neighborhood are selling for, its age, condition, unique qualities, potential problems and the willingness of the respective parties to consummate a deal.

Continue reading: The value of Medical Malpractice…

Apr

2015

Case Management Multi-Million Dollar Personal Injury Case

In almost all cases, personal injury law firms advance the disbursements necessary to prosecute their cases and are reimbursed for those expenses as well as earn their legal fee only if there is a financial recovery. At times a law firm may be required to expend well over one hundred thousand dollars to prosecute a single case and much more if there is a trial. A law firm that is not sufficiently financed to be able to advance the funds to build the necessary foundation for a strong prosecution is depriving its clients of the best chances to maximizing their recovery. Unless a law firm is in the position to financially support its case fully, it will have to take shortcuts such as reducing the number or the quality of the experts that it retains or otherwise limit its expenditures to the detriment of the client.

Continue reading: Case Management Multi-Million Dollar Personal…

Mar

2015

Preliminary Approach Multi-Million Dollar Personal Injury Cases

The initial assessment of the damages is the first step in evaluating a major case. The assessment requires a sophisticated analysis of the injuries and their relationship to the other aspects of the plaintiff's world.

Continue reading: Preliminary Approach Multi-Million Dollar Personal…

Mar

2015

Special Considerations Handling Multi-million Dollar Personal Injury Case

Years ago' when lecturing to young lawyers' I reflected that any trial lawyer can win a million dollar case - all that has to be done is to undertake a multi-million dollar case and screw it up. And that is not so hard to do. Even worse' the lawyer may never appreciate that his inexperience or lack of ability has deprived the client of a much more enhanced recover.

Continue reading: Special Considerations Handling Multi-million Dollar…

Jan

2015

The Simple Question: Are you Allergic to any Medications?

Recent concerns center upon the impact of gun laws on medical care. In a July, 2014 ruling, the Atlanta Court of Appeals upheld the Florida law that "discourages doctors from asking patients about gun ownership".

Continue reading: The Simple Question: Are you…

Dec

2014

Robotic Surgery: More Complications, Less Benefits

An October 7, 2014 study published in the Journal of Obstetrics and Gynecology found that robotic surgeries had a higher rate of complications then regular minimally invasive surgery.

Continue reading: Robotic Surgery: More Complications, Less…

Dec

2014

To Treat or Not to Treat – That is the Question

In the New York Times of November 18, 2014, page D5, it is reported that cardiologist have historically treated coronary artery blockages with various forms of therapy but have considered “non-obstructive” coronary artery disease as essentially insignificant. The latter condition involves plaque buildup on the arteries which is not significantly obstructing the blood flow to the heart.

Continue reading: To Treat or Not to…

Nov

2014

Baby Aspirin & Cancer

Aspirin has long been touted as the go-to over-the-counter medication for patients with a long standing history of heart problems, or for those who want to use it prophylactically to protect against stroke. Now it is being considered as an aside to helping the fight against cancer.

Continue reading: Baby Aspirin & Cancer

Nov

2014

Deaths caused by anesthetic agent, propofol.

Michael Jackson and Joan Rivers both lost their lives secondary to the anesthetic agent, propofol. Others have as well. You can too. You gotta be careful. Many of those deaths can be avoided and part of the responsibility rests with the patient.

Continue reading: Deaths caused by anesthetic agent,…

Oct

2014

Pregnant & Heavy: Medical Malpractice Risk?

Being obese is a grave concern. Even worse is being pregnant and obese. Research has shown that one in every three childbearing females is affected by obesity which can also affect their unborn children. Babies of obese women can be caused to suffer from congenital defects, develop hypertension and become obese adults. Complications of obesity in pregnancy include, gestational diabetes, preeclampsia, premature births and miscarriages.

Continue reading: Pregnant & Heavy: Medical Malpractice…

Sep

2014

Was Joan Rivers the victim of Medical Malpractice?

Legendary comedian and TV personality Joan Rivers was recently hospitalized following an apparent cardiac arrest during the course of an endoscopic procedure at an outpatient facility on the Upper East Side in Manhattan, New York. The 81, year old was brought to Mount Sinai Hospital and placed in a medically induced coma. She passed away yesterday. Were there departures from accepted medical practices in the treatment of Ms. Rivers?

Continue reading: Was Joan Rivers the victim…

Aug

2014

Gun Laws and Medical Malpractice?

Recent concerns center upon the impact of gun laws on medical care. In a July, 2014 ruling, the Atlanta Court of Appeals upheld the Florida law that "discourages doctors from asking patients about gun ownership".

Continue reading: Gun Laws and Medical Malpractice?

Aug

2014

Is it Medical Malpractice to Perform a Breech Birth Vaginal Delivery Instead of a Cesarean Section?

Taboo as it may seem, breech birth deliveries may be making a comeback. The breech birth position, where the baby's legs rather than its head are closest to the birth canal, may allow for a traditional delivery although it has been frowned upon for many years in favor of a cesarean section - the surgical removal of the baby from the womb. Current medical practices now approve of a vaginal delivery provided that the physician is very experienced and the birth is carefully monitored.

Continue reading: Is it Medical Malpractice to…

Jul

2014

To do or not to do – the Mammogram

Early intervention is the key! That is the mantra of most people seeking to avoid the horrors of metastatic cancer. But a recent study now suggests that there is no advantage to finding breast cancer at its earliest stage.

Continue reading: To do or not to…

Jul

2014

The Electronic Doctor: Advances in Telemedicine

With advances in science and medicine, it is now much easier for a doctor to communicate with patients about their care and treatment without the need for an in-person consultation.

Continue reading: The Electronic Doctor: Advances in…

Jun

2014

The “Not Quite Doctor” Dilemma

An April 29, 2014 opinion post in The New York Times addressed the disparity in training between a medical doctor and a nurse practitioner and the recent bill passed by the New York State Legislature regarding the issue. The article, "Nurses are Not Doctors" commented on the bill passed in April, 2014 that now allows nurse practitioners to provide medical care without physician oversight.

Continue reading: The “Not Quite Doctor” Dilemma

May

2014

Morcellation Surgery Causing Cancer Spread: Informed Consent And Medical Malpractice

Uterine cancer and the fear of the spread of the disease is a major concern for women. With approximately 500,000 hysterectomies performed a year in the U.S., mostly because of benign fibroid tumors, women now have to consider whether or not the surgical removal of the organ or tumor will cause the spread of cancer or exacerbate their condition.

Continue reading: Morcellation Surgery Causing Cancer Spread:…

Apr

2014

Diagnosis By Computer: An Invitation To Medical Malpractice

With ever increasing healthcare cost, hospitals have adopted computer software programs to diagnose medical conditions with the belief that this practice will lessen the frequency of medical errors and save money.

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Mar

2014

The Laundry – Hospital’s Dirty Truth

When one thinks of contracting a deadly infection in a hospital bed sheets would not ordinarily come to mind. The Center for Disease Control and Prevention released figures in April, 2014 that estimate that 75,000 patients die each year from infections they pick up at health care facilities. Surprisingly, some of those infections come from the improper handling of hospital linens.

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