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Home  /  Archives for Failure to Diagnose

Failure to Diagnose

Cuomo Limits New York Malpractice Immunity Law

by Law Offices of Thomas L. Gallivan, PLLC 28 Sep2020

Last month New York Governor Andrew Cuomo signed a bill placing restrictions on the medical malpractice immunity he granted New York hospitals and nursing home facilities at the height of the Covid-19 pandemic, according to a report by Newsday. The bill, signed in August, gave hospitals and nursing homes immunity in malpractice claims involving Covid-19, whereas a March executive […]

Posted in: Failure to Diagnose, Medical Malpractice, Personal Injury Law, Wrongful Death

Misdiagnosis is the Most Common Reason for Medical Malpractice Lawsuits

by Law Offices of Thomas L. Gallivan, PLLC 27 Jul2019

A recent study by The Doctors Company found that misdiagnosis is the top allegation in medical malpractice lawsuits filed across the country that involve children. The researchers conducting the study said “misdiagnosis” included missed, failed or the wrong diagnosis and were largely the result of inadequate medical examinations, according to Fierce Healthcare. The study conducted by a non-profit doctors group […]

Posted in: Birth Injuries, Failure to Diagnose, Medical Errors, Medical Malpractice, Personal Injury Law, Surgical Complications

Widow of Glenn Frey, Former Eagles Bandmember, Files Wrongful Death Lawsuit

by Law Offices of Thomas L. Gallivan, PLLC 02 Apr2018

Cindy Frey, the widow of late Eagle’s co-founder Glenn Frey, has filed a wrongful death lawsuit against Mt. Sinai hospital and physician Steven Itzkowitz. The lawsuit alleges the hospital and doctor were negligent in failing to properly diagnose and treat the health conditions that led to his untimely death in January 2016. Frey died at the age of 67 from complications […]

Posted in: Failure to Diagnose, Medical Errors, Medical Malpractice, Municipal Liability, Negligent Supervision, Personal Injury Law, Wrongful Death

Lavern’s Law: Cancer Patients Will Now Have More Time to Sue in New York

by Law Offices of Thomas L. Gallivan, PLLC 21 Mar2018

Gov. Andrew Cuomo and the New York State Legislature have finally reached a deal on medical malpractice lawsuits relating to cancer diagnosis. Under the new law, cancer patients will be able to sue doctors and other medical professionals for a wrongful diagnosis or missed diagnosis of cancer for up to two-and-a-half years from the date the patient discovered, or should have discovered, the misdiagnosis. […]

Posted in: Failure to Diagnose, Medical Malpractice, Personal Injury Law, Wrongful Death

Hospital Errors the Third Leading Cause of Death, Elderly are Especially Vulnerable

by Law Offices of Thomas L. Gallivan, PLLC 01 Feb2018

The third leading cause of death in America is death by hospital error, according to Johns Hopkins’ Armstrong Institute for Patient Safety and Quality. Following heart disease and cancer, hospital errors account for around 440,000 deaths each year. That means that there are more than 1,000 preventable deaths in hospitals across America every day.  Given these findings, its perhaps unsurprising that […]

Posted in: Failure to Diagnose, Medical Errors, Medical Malpractice, Personal Injury Law, Wrongful Death

New York Highest Court: Statute of Limitations for “Wrongful Birth” Begin at Child’s Birth

by Law Offices of Thomas L. Gallivan, PLLC 19 Jan2018

The New York Court of Appeals, the highest court in the state, ruled in favor of two sets of parents who were pursuing a medical malpractice lawsuit against the doctors that performed their in-vitro fertilization treatment. The issue before the Court of Appeals involved whether the statute of limitations for the medical malpractice began when the doctor committed the malpractice or […]

Posted in: Failure to Diagnose, Medical Errors, Medical Malpractice, Personal Injury Law

On Hospital Safety: New York Ranks a Lowly 47th in the US, Mixed Results for Hudson Valley

by Law Offices of Thomas L. Gallivan, PLLC 22 Nov2017

According to a watchdog organization, New York has the 47th worst record in the United States when it comes to hospital safety. New York’s ranking has been in a slow decline – dropping a full seven spots in the last five years. The watchdog group, Leapfrog, was founded by healthcare employers and unions wanting to provide more […]

Posted in: Failure to Diagnose, Medical Malpractice, Municipal Liability, Personal Injury Law, Wrongful Death

Medical Errors are More Common and More Lethal

by Law Offices of Thomas L. Gallivan, PLLC 22 Nov2017

Medical errors are gaining more attention as a whopping one-fifth of Americans admit to having personally experienced one. At the same time, Johns Hopkins University has released a new study that reports medical errors may be the third highest cause of death in America. With America’s healthcare industry continuing to reshape itself, healthcare advocates worry that unintentional […]

Posted in: Failure to Diagnose, Medical Errors, Medical Malpractice, Personal Injury Law, Surgical Complications, Wrongful Death

Lavern’s Law Passes in Albany; Will Help Victims of Misdiagnosed Cancer

by Law Offices of Thomas L. Gallivan, PLLC 13 Jul2017

The New York State Assembly passed a bill meant to help victims of misdiagnosed cancer by changing the time period which a lawsuit can be filed.  If the bill were signed into law, and Gov. A ndrew Cuomo said he intends to sign ‘Lavern’s Law,’ a cancer patient who was misdiagnosed would have two-and-a-half years from the […]

Posted in: Failure to Diagnose, Medical Malpractice, Personal Injury Law

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