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Home  /  Archives for Medical Malpractice

Medical Malpractice

Criticism Grows Over New York Department of Health’s “Oversight” of Nursing Homes

by Law Offices of Thomas L. Gallivan, PLLC 25 Dec2018

Only two weeks after putting a Buffalo nursing home under conservatorship, the New York Department of Health announced that Emerald North and Emerald South Nursing and Rehabilitation Center will be closing their doors. The closure follows a long line of missteps and scandals by the formerly for-profit nursing homes, according to The Buffalo News. In […]

Posted in: Elder Population Studies, Falsifying Records, Fraud, Medical Malpractice, Nursing Home Lawsuits

After “Horrifying” Report, Veterans Demand Improved Care at VA Nursing Homes

by Law Offices of Thomas L. Gallivan, PLLC 21 Dec2018

Following several scathing investigations and reports, veterans’ groups are demanding better care at the nursing homes run by the beleaguered Department of Veteran Affairs. While public condemnation has mounted for the past few years over the VA’s ability to care for the country’s 20.4 million veterans, criticism of the nursing homes run by the government […]

Posted in: Medical Malpractice, Medication Errors, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Pressure Sores

Sepsis Resulting from Pressure Ulcers a Widespread and Deadly Problem in Nursing Homes

by Law Offices of Thomas L. Gallivan, PLLC 29 Sep2018

Sepsis, a deadly bloodstream infection, is a common and largely unreported consequence of pressure inuries/ulcers. According to a recent article by The Chicago Tribune, sepsis was the most common reason that elderly residents are transferred from their nursing home to hospitals. Despite the massive financial and human implications, the newspaper states the problem is largely […]

Posted in: Medical Malpractice, Neglect, Nursing Home Abuse, Pressure Sores, Wrongful Death

Elderly Man Passes Away from Preventable Pressure Ulcer

by Law Offices of Thomas L. Gallivan, PLLC 25 Sep2018

An Australian man passed away from a preventable pressure injury/ulcer he received while at an Australian hospital. According to ABC North and West, the pressure ulcer, or bed sore, developed and became so severe that the Australian’s organs shut down. Now, the family of Peter James McBride is demanding answers from the hospital and its […]

Posted in: Medical Malpractice, Neglect, Nursing Home Abuse, Pressure Sores

Woman Dies After Medics Falsely Assume She Cannot Afford Ambulance Ride

by Law Offices of Thomas L. Gallivan, PLLC 19 Aug2018

In a stunning and tragic case out of Florida, a new mother passed away after four medics allegedly told the woman she could not afford an ambulance ride. The woman, Crystle Galloway, had recently given birth to a son via C-section a few days before the event. According to Galloway’s mother, Nicole Black, Galloway was found slumped […]

Posted in: Personal Injury Law, Medical Malpractice, Wrongful Death

After Dancing Through Her Surgeries, Georgia Doctor is Finally Suspended

by Law Offices of Thomas L. Gallivan, PLLC 13 Jul2018

A Georgia doctor who wanted to be known as the “dancing doctor” will no longer be a doctor in the State of Georgia. In a fantastic story by the New York Times, the dermatologist, whose name is Dr. Windell Davis-Boutte, would stop in the middle of her surgeries and perform a dance routine to popular hip-hop […]

Posted in: Personal Injury Law, Medical Errors, Medical Malpractice, Surgical Complications

New York Abortion Doctor Pleads Guilty to Negligence in Death of Woman

by Law Offices of Thomas L. Gallivan, PLLC 13 Jul2018

A New York doctor who claims he has performed over 40,000 abortions in the state pleaded guilty to reckless homicide in the death of a Queens woman. Dr. Robert Rho terminated the pregnancy of 30-year-old Jaime Lee Morales, who was six-months pregnant at the time of the procedure. After the abortion, Morales was “bleeding uncontrollably […]

Posted in: Personal Injury Law, Medical Devices, Medical Errors, Medical Malpractice, Surgical Complications, Wrongful Death

Medication Errors Common in ICU Transfers

by Law Offices of Thomas L. Gallivan, PLLC 11 Jul2018

A new report by Christiana Care Health System showed that medication errors occurred in 47 percent of ICU Transfers. The study which followed 985 patients at almost 60 different ICUs across the East Coast who were transferred from the ICU to a non-ICU area in the same hospital or medical unit.  According to the study, […]

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

Northern Manor Geriatric Center Cited for Use of Antipsychotic Drugs

by Law Offices of Thomas L. Gallivan, PLLC 14 Mar2018

Between 2013 and 2017, the Northern Manor Geriatric Center in Rockland County, New York received more than double the average number of citations by the New York Department of Health, the entity responsible for performing yearly inspections at all nursing homes in the state.  Compared to the statewide average of 34 citations- relating to either standard […]

Posted in: Elder Population Studies, Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Violations

Lawsuit: Port Authority Secretly Recorded Medical Exams

by Law Offices of Thomas L. Gallivan, PLLC 10 Mar2018

A Port Authority employee filed a lawsuit alleging that she was secretly videotaped during a medical exam. The employee, Charlene Talarico, said the incident happened during an exam in August 2016. Talarico is suing for unspecified damages, according to the lawsuit filed in a Manhattan federal court last week. Alleging emotional distress, pain and suffering, and other unspecified […]

Posted in: Personal Injury Law, Bodily Injury, Medical Malpractice, Miscellaneous

Overmedication Still a Problem at Nursing Homes

by Law Offices of Thomas L. Gallivan, PLLC 20 Feb2018

According to a recent report released by the Centers for Medicare and Medicaid Services (CMS), almost 16 percent of residents at long-term nursing homes are being treated with antipsychotic medications. While down from 24 percent in 2011, the CMS report and many doctors question the efficacy and necessity of these powerful mind-altering medications. According to […]

Posted in: Elder Population Studies, Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Violations

New York Post: New York Hospitals Sued for Releasing Dangerous Patients

by Law Offices of Thomas L. Gallivan, PLLC 05 Feb2018

Two New York City hospitals are being sued for the damages caused by the release of allegedly dangerous patients from their psychiatric wards. In the past month, two lawsuits have been filed against New York City hospitals alleging that the hospitals behaved in a negligent or careless manner when they released dangerous patients into the tri-state area. These patients […]

Posted in: Personal Injury Law, DWI/Criminal, Medical Malpractice, Municipal Liability, Negligent Supervision, 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: Personal Injury Law, Failure to Diagnose, Medical Errors, Medical Malpractice

N.Y. Lawsuit: Patients Allege Surgeon Breached Trust

by Law Offices of Thomas L. Gallivan, PLLC 04 Jan2018

One of the highest-paid surgeons in the United States was hit with two lawsuits alleging that the doctor was not performing his own surgeries.  According to the lawsuit, Dr. David Samadi, the head urologist at Lenox Hill Hospital in Manhattan, routinely allowed medical residents, who are still in training, and other doctors to perform the surgeries. […]

Posted in: Personal Injury Law, Medical Malpractice, Negligent Supervision, Surgical Complications

New York Woman Claims Doctor Used Cell Phone During Procedure

by Law Offices of Thomas L. Gallivan, PLLC 21 Dec2017

A New York woman filed a lawsuit against a Westchester doctor alleging that he used his cell phone during a medical procedure to take a Spanish language test. Mary Edwards is suing for damages caused by “severe emotional distress” after hearing her doctor speak Spanish phrases into his cell phone during the procedure.  Edwards is suing both […]

Posted in: Personal Injury Law, Medical Errors, Medical Malpractice

Lawsuit: New York Nursing Home Residents Left Lying in Feces, Urine

by Law Offices of Thomas L. Gallivan, PLLC 07 Dec2017

A lawsuit in New York claims that a nursing home’s residents were forced to lie in their own feces and urine for extended periods of time. The class action suit filed in Syracuse, New York claimed that potentially hundreds or thousands of patients may have been affected by the nursing home, James Square Health and […]

Posted in: Infection, Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Violations

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

Plastic Surgeon for Celebrities Charged with 29 Counts of Negligence

by Law Offices of Thomas L. Gallivan, PLLC 24 Oct2017

A New York doctor has been charged with 29 counts of negligence, fraud and medical malpractice for his treatment of eight patients. Doctor Ayman Shahine, famous for his plastic surgery on reality TV star Renee Graziano, is accused of everything from talking on his phone during surgery to falsifying medical records and violating New York state laws. […]

Posted in: Personal Injury Law, Medical Malpractice, Negligent Supervision

HHS Inspector General: One in Four Cases of Elder Abuse Not Reported in Nursing Homes

by Law Offices of Thomas L. Gallivan, PLLC 30 Sep2017

The Inspector General for the Department of Health and Human Services (HHS) released a report stating that at least one in four instances of elder abuse or neglect are not reported. While horrific in scope, the results are not entirely surprising – other, smaller samples have found that 15 to 20 percent of elder abuse […]

Posted in: Infection, Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Physical Abuse, Pressure Sores, Sexual Abuse, Wrongful Death

AP: New York State Group Home Resident Found Infested with Maggots

Midway Nursing Home in Queens, NY Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC 02 Sep2017

A group home for the disabled, run by the State of New York, in Rome, N.Y. is facing calls for a federal investigation after an explosive report was leaked by the Associated Press detailing a resident who, on two separate occasions, was so severely neglected that he became infested with maggots. The resident, Steven Wenger, […]

Posted in: Infection, Medical Malpractice, Neglect, Nursing Home Abuse

Despite Four Dead Patients and Ten Malpractice Suits, Hospital Stands by Money-Making Surgeon

by Law Offices of Thomas L. Gallivan, PLLC 29 Aug2017

Despite a litany of problems surrounding Dr. Ira Kirschenbaum’s tenure as Head of Orthopedic Surgery at Bronx-Lebanon Hospital, the Hospital has refused to sanction the surgeon. In fact, Kirschenbaum had already settled three malpractice suits before he was even recruited by the Bronx-Lebanon to lead their Orthopedic Surgery department – two more were still pending at the time […]

Posted in: Personal Injury Law, Medical Malpractice, Nursing Home Lawsuits, Wrongful Death

Lacking Effective Oversight, Nursing Homes Fail Many Patients

by Law Offices of Thomas L. Gallivan, PLLC 20 Aug2017

With toothless regulations and ineffective oversight, many nursing homes are still failing the neediest patients. With its budget for overseeing nursing homes slashed in half, the Center for Medicare and Medicaid Services (CMS) has failed to identify failing nursing homes and keep them accountable. As a consequence, some nursing homes are choosing to accept the […]

Posted in: Falls & Fractures, Falsifying Records, Fraud, Medical Malpractice, Neglect, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Physical Abuse, Pressure Sores, Sexual Abuse, Wrongful Death

Caretaker Charged After Elderly Man Complains of “Being Thrown Around Like a Rag Doll”

by Law Offices of Thomas L. Gallivan, PLLC 02 Aug2017

A Berkshires caretaker has been charged with elder abuse after an 84-year-old man told hospital staff that his two broken ribs were caused by being “thrown around like a rag doll.” The 52-year-old man, Anthony Marcella II, was arraigned in Central Berkshire District Court on charges of assault and battery on a person over 60 […]

Posted in: Falls & Fractures, Fraud, Medical Malpractice, Neglect, Nursing Home Abuse, Physical Abuse, Sexual Abuse

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