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Home  /  Archives for Medical Malpractice

Medical Malpractice

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

Nursing Home Staff Convicted After Neglecting Ventilator-Dependent Senior Citizen

by Law Offices of Thomas L. Gallivan, PLLC 02 Jan2018

Two registered nurses and one certified nurse aid were convicted in a Nassau County courtroom for willful violation of health laws in a tragic case that led to the death of an 81-year-old nursing home resident at A. Holly Patterson Extended Care Facility in Unionville, NY, according to LongIsland.com. According to prosecutors, the elderly resident […]

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

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

After Leg Amputation Caused by Hospital Delay, Man Sues

by Law Offices of Thomas L. Gallivan, PLLC 17 Jul2017

On September 22, 2015 Delfino Cuautle was forced to have his leg amputated after a series of bureaucratic errors at two different New York City hospitals led to a 13-hour wait and a fixable medical problem turned into a mandatory amputation. Alleging medical malpractice, Cuautle is suing for $24 million in damages caused by the hospitals. On the […]

Posted in: Personal Injury Law, Medical Malpractice, Motor Vehicle Accidents

After Death from Pressure Ulcers, Bronx Family Sues Nursing Home

New York Nursing Home Apex Rehabilitation & Care Center in New York Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC 14 Jul2017

On June 17, 2013, a patient at Barnabas Nursing Home passed away from complications arising from her pressure ulcers. Her family has sued the nursing home and hospital and believes that their family member received negligent treatment and that the hospital and nursing home should be held responsible for her death.

Posted in: Medical Malpractice, Nursing Home Abuse, Nursing Home Lawsuits, Nursing Home Violations, Pressure Sores, 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: Personal Injury Law, Failure to Diagnose, Medical Malpractice

Family Seeks to Hold Nursing Home Liable After Resident Dies of Septic Shock

New York Nursing Home Spring Creek Rehabilitation & Nursing Care Center Cited for Neglect

by Law Offices of Thomas L. Gallivan, PLLC 04 Jul2017

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 […]

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

Dentist and Nurse Convicted of Operating Without License

by Law Offices of Thomas L. Gallivan, PLLC 20 Jun2017

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 […]

Posted in: Personal Injury Law, Medical Malpractice

Fired Doctor Wins Lawsuit for Whistle-Blowing on Hospital’s Practice of “Double-Booking” Surgeons

by Law Offices of Thomas L. Gallivan, PLLC 24 May2017

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, […]

Posted in: Personal Injury Law, Medical Malpractice

Second Department: Primary Care Physician Retains Duty to Patient After Sending to ER

by Law Offices of Thomas L. Gallivan, PLLC 27 Mar2017

On December 9, 2008, Paul Lindebaum went to his primary care physician care physician complaining of stomach pains. The physician, Dr. Richard Federbush, recommended that Lindebaum go to the emergency room at Long Island Jewish Medical Center for testing. Lindebaum complied with his doctor’s orders and the next morning faxed over the test results to […]

Posted in: Personal Injury Law, Brain Injuries, Medical Malpractice

Surgical Aide Caught Sleeping On Duty

by Law Offices of Thomas L. Gallivan, PLLC 08 Dec2016

Angelita Williamson, a surgical nurse aide in East Harlem, has been accused of silencing an elderly patient’s life-support alarm overnight in order to get some rest. On January 13, 2015 Williamson was assigned the task of a “one-to-one observation” in which she would monitor the patient’s ventilator overnight to ensure it was working. Colleagues claim they caught the […]

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

Comptroller’s Office Audits Westchester Medical Center

by Law Offices of Thomas L. Gallivan, PLLC 27 Sep2016

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 […]

Posted in: Personal Injury Law, Medical Malpractice, Municipal Liability

NY Hospitals Receive Failing Grades from Federal Government; Coney Island Gets One Star Rating

by Law Offices of Thomas L. Gallivan, PLLC 30 Aug2016

Coney Island Hospital (CIH) received a one-star rating on The Centers for Medicare & Medicaid’s (CMS) new rating system, after city officials boldly defended the facilities quality of care. The CMS released their first report card in July 2016 on the 3,600 hospitals in the country, after a three month delay due to criticism. The […]

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

Brooklyn Man Loses Right Leg Due to Medical Malpractice

by Law Offices of Thomas L. Gallivan, PLLC 26 Jul2016

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 […]

Posted in: Personal Injury Law, Medical Malpractice

Former Coney Island Hospital Physician Alarmed by Substandard Care at the Facility

by Law Offices of Thomas L. Gallivan, PLLC 02 Jun2016

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 […]

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

New Bill Proposes Minimum Staff Requirements in NY Hospitals

by Law Offices of Thomas L. Gallivan, PLLC 18 May2016

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 […]

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

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