(914) 220-1086
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 […]
Medical Malpractice
Family Seeks to Hold Nursing Home Liable After Resident Dies of Septic Shock
On February 27, 2008, a nursing home resident (whose name is not listed) at Sunrise Manor Center for Nursing and Rehabilitation passed away. The nursing home resident had only been at the center since February 19 – a mere 8 days. The cause of death was listed as septic shock – a condition where an […]
Dentist and Nurse Convicted of Operating Without License
According to the Attorney General Schneiderman, both a (former) dentist and nurse have been convicted of operating without a license. The dentist, Alexander Hollander, 70, was convicted by a Kings County Supreme Court jury of “Unauthorized Practice of a Profession” in violation of the New York State Education Law – a Class E Felony. Alexander […]
Fired Doctor Wins Lawsuit for Whistle-Blowing on Hospital’s Practice of “Double-Booking” Surgeons
Dr. James Holsapple, a prominent neurosurgeon was illegally forced out of his previous job at a New York Hospital, according to a judge. Holsapple blew the whistle on the practice of “double-booking” surgeons – where a senior, more competent surgeon would essentially oversee two junior surgeons. These junior surgeons perform the “bulk” of the surgery, […]
Comptroller’s Office Audits Westchester Medical Center
An audit of Westchester Medical Center (WMC) found company executives were paid millions of dollars in bonuses between 20013 and 2015. State Comptroller, Thomas DiNapoli’s office found that $4.6 million dollars were to paid to 18 employees without sufficient record keeping as to why the payments were made. The hospital was audited because it is a […]
Brooklyn Man Loses Right Leg Due to Medical Malpractice
Delfino Cuautle, a 46 year old resident of Brooklyn, NY lost his right leg due to medical malpractice and flaws in management that resulted in a 13 hours of agony. Cuautle was leaving work on September 22, 2015 around 6 A.M. when he was struck by a car; EMS arrived within three minutes of receiving the call […]
Former Coney Island Hospital Physician Alarmed by Substandard Care at the Facility
A pediatrician recently recounted his experience at Coney Island Hospital as a resident to the New York Post. The MD reportedly witnessed terrible patient care, especially for children. The physician wished to remain anonymous as he discussed the negligence, substandard care and poor supervision he observed at the hospital during his three years of residency. The physician […]
New Bill Proposes Minimum Staff Requirements in NY Hospitals
On May 6, 2016 six rallies were held throughout the state of New York by the Nurses Association to gain support for a bill that will create a standard for nurse to patient ratios. The bill, called Safe Staffing for Quality Care, calls for higher levels of staff at hospitals in an effort to provide better care […]
Woman Secretly Records Her Surgery — Shocked at What She Hears
Ethel Easter of Harris County, Texas was wary of the doctor who would be performing a hernia surgery after some harsh comments he made to her. Easter was told by her doctor she would have to wait two months before her surgery could be performed. She pleaded that she could not wait that long as she […]
New York Lack of Informed Consent Claim Survives on Appeal
Plaintiff, Jacob Lavi, and his wife, brought a lawsuit against NYU Hospitals Center and endocrinologist Barry Schuval, to recover damages for medical malpractice and lack of informed consent. After receiving testosterone replacement therapy by a treating endocrinologist, plaintiff was diagnosed with prostate cancer. The plaintiffs bring suit against the defendants for a failure to warn the […]
Patient Fell Off Scale at NY Hospital – Case Will Proceed
In Patel v. American Medical Response, Inc., et al, the representative of a deceased patient brought a negligence action against an ambulance operator and hospital to recover damages for personal injuries sustained after EMT left him unattended on a scale. The patient fell off the scale. The Supreme Court of Nassau County denied the hospital’s motion for […]
“Tongue Tie” Clipping Procedure Mistakenly Performed on Wrong Infant
Jennifer Melton delivered a beautiful and healthy baby boy named Nate on December 16, 2015 at University Medical Center in Tennessee. Jennifer was encouraged by a nurse to allow her newborn to be taken to the nursery for a check-up. As this is routine, Jennifer tried to get some rest. Nate was returned a few […]
Lawsuit Filed Following Newborn Death as Result of EMS Decisions / Medical Malpractice
The family of an infant child filed a lawsuit after the loss of their newborn in February of 2014 after emergency medical technicians and doctors made a series of medical errors, resulting in the infant’s death. On January 3, 2014, Sara Keenan breastfed her newborn baby Lana and put her down for a nap; an […]
N.Y. Medical Malpractice Action Involving Res Ipsa Claim Will Proceed
In Swoboda v Fontanetta, 2015 NY Slip Op 06804 [131 AD3d 1042], the New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in an action for medical malpractice. The plaintiff underwent surgery on her right shoulder in 2007, which was performed by the defendant physician at the defendant hospital. Following the surgery, […]
Plaintiff’s Medical Malpractice Case Dismissed due to Expert’s Use of Unproven Medical Opinion
The New York Supreme Court, Appellate Division, First Department affirmed a trial judge’s order that granted the defendant’s motion for summary judgment, dismissing a medical malpractice complaint. The plaintiff was prescribed Lipitor and Azithromycin. Lipitor is FDA-approved to treat high cholesterol. Azithromycin is an anti-biotic used to treat bacterial infections. The plaintiff later suffered from […]
Medical Malpractice: A Brief Overview
In 2013, the state of New York led the nation in medical malpractice payouts, issuing $38.83 per capita compared to Pennsylvania (#2 on the list) who paid out $24.76 per capita in medical malpractice. The top 3 reasons for medical malpractice suits are: missed or incorrect diagnosis, negligent surgery, and inappropriate treatment. Malpractice is a […]
Former NFL Players File Class Action Lawsuit Claiming that the League Illegally Provided Them with Pain Medications
In May 2014, eight former NFL players filed a class-action lawsuit in a San Francisco federal court. The suit, which has since been joined by 500 other former players, alleges that NFL doctors and trainers illegally provided them with powerful pain medications in order to ensure that the players could return to the field. The suit claims […]
Registered Nurse Charged with Stealing Morphine Intended for Patients
Katherine Falzetta, 23, a Registered Nurse at the Champlain Valley Physicians Hospital in Clinton, New York, was arrested in May 2013 for stealing morphine from patients not under her care. Falzetta appeared in Plattsburgh City Court before Judge Mark Rogers and was released on her own recognizance. She was charged with first-degree falsifying business records, […]
First Department Reverses Summary Judgment in Medical Malpractice Action
In April, the Supreme Court Appellate Division, First Department reversed the lower court’s ruling of summary judgment in favor of the defendant in a medical malpractice action. Originally, the Bronx Supreme Court granted summary judgment for doctor and hospital, finding that the defendants’ failure to diagnose cancer was not a proximate cause of the plaintiff’s […]
Brooklyn Senior Citizen Dies after Receiving Incorrect Blood Type
An investigation into the death of a Brooklyn woman at Coney Island Hospital in early June has revealed that hospital error led to the fatal consequences. Hospital staff reportedly misidentified the elderly patient’s blood type, leading to a fatal transfusion of the incorrect type of blood. For the immediate future, the Department of Health has […]
Mother Sues after 7 Year Old Almost Dies from Medication Mix-Up
A mother in the Bronx is suing her local pharmacy after it mistakenly provided her seven year old son with Methadone instead of his prescribed Ritalin. The Post reports that the two drugs have been confused before by pharmacies, because they look alike and have somewhat similar names (Ritalin is also known as methylphenidate). Medication […]
Limits on Prescription Painkillers?
The New York Times is reporting that a group of approximately thirty-five doctors have signed a petition to the Food and Drug Administration, asking that more stringent regulations be placed on the prescription of pain-killers. The doctors’ impetus for the petition is to curb abuse of the drugs. In the petition, the physicians ask that […]
Brooklyn Hospital Faces Staggering Number of Medical Malpractice Suits
Brookdale University Hospital and Medical Center currently faces more than one hundred open lawsuits based upon medical malpractice, the Daily News reports. Ranging from infections to medication errors to infant brain damage, the hospital has been targeted by patients and their families for allegedly negligent care. The financially troubled facility operated at a $42 Million […]
Defendant Precluded After Improperly Obtaining Information From Treating Physician Without Authorization
Defense counsel in Muzio v. Napolitano, a recent medical malpractice case, conducted an interview of the plaintiff’s treating physician, a nonparty, without obtaining a Arons authorization. The Arons case requires that plaintiffs provide defendants with written authorizations allowing counsel for the defense to interview plaintiff’s treating physicians. However, this interview cannot take place without such […]
New York Nurse Sentenced To Six Months Incarceration After Cover-up Of Medication Error
At Terence Cardinal Cooke, a nursing home in New York, NY, Coral Quintyne, a Licensed Practical Nurse, was recently arrested and prosecuted for giving methadone to the wrong resident. As a result of the medication error, the elderly resident required hospitalization. What is more disturbing and likely the reason for the arrest is that the […]
