Articles Posted in Medical Malpractice

medical-malpracitce-300x200A recent report released by the Department of Veteran Affairs shows the government agency going to great lengths to cover up medical malpractice by its doctors. With over 100 procedures performed incompetently, the routinely-criticized government agency now has a new stain on its reputation. According to the government, most of these botched procedures can be blamed on a single doctor – Dr. Thomas Franchini.

The Department of Veteran Affairs states that of the 100 medical malpractice cases that surfaced during the investigation, 88 could be attributed to the doctor. The stunning number of victims is secondary only to the horrific damage he caused by his incompetence. Of the many examples given by USA Today, the doctor drilled the wrong screw into one veteran’s leg, he once “cut into patients who did not need surgery at all,” and, perhaps, most horrifically he failed to fuse the ankle of a woman. The resulting pain was so great that she chose to have her entire leg removed. Continue reading

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 public information about patient experiences at hospitals. Among other factors, the group considers the rate of medical errors, injuries and infections, and patient satisfaction.

According to, the group is “widely considered among the toughest graders” and gave 15 hospitals an “F” rating this year. Most hospitals receiving a failing grade catered mostly to low-income, minority groups. Of the hospitals that Leapfrog failed, almost 90 percent were rated “average” by Medicare and Medicaid. Continue reading

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 harm caused to patients may not be receiving enough attention.

med-errorIn a survey of over 2,500 Americans by the Institute for Healthcare Improvement/National Patient Safety Foundation, most Americans reported generally positive experiences with the healthcare system. However, a full 21 percent reported that they had personally experienced a medical error. According to the survey, the most common errors were related to a person’s diagnosis and were most common in an outpatient care. Continue reading

A jury returned a verdict in favor of a Brooklyn mother in the amount of 26 million dollars after an understaffed hospital recklessly sent the pregnant woman home without proper monitoring.  Speaking to the New York Post, the mother, Danielle Madden Buck, described Maimonides Medical Center as a “baby mill” that brushed away her complaints ultimately leading to an early birth for her twins, Aleigha and Madelyn, weighing only l.5 pounds each.   Madelyn died a month after birth, Aleigha is still alive but is deaf and cannot speak, along with a host of other medical issues. The jury agreed with Buck that if it were not for Maimonides Medical Center’s negligence then at least some of the twins’ health problems could have been mitigated.

The events leading the lawsuit began on February 9, 2010 when Buck went to Maimonides Medical Center with cramping and spotting. Because the hospital was allegedly understaffed, only a medical resident (student still training to be a doctor) was available to see Buck. The resident promptly sent Buck home. When the cramping and bleeding became worse later in the day, Buck went back to Maimonides only to be sent home again.  Continue reading

The family of Angel Rivera is suing a Bronx hospital after he was ignored in the ER waiting room only to slip into a coma that he never woke up from.

In 2014, the 53-year-old Rivera went to Lincoln Hospital in the Bronx after being punched in the head during a fight with a friend. After going through triage, where nurses inspected his injuries, Lincoln Hospital staff then told Rivera to return to the waiting room for his name to be called. The hospital states that it called Rivera’s name within an hour of examining him in the triage room.

hospital-13-1518181-300x200At this point, Rivera had already become unconscious and could not respond. The hospital staff apparently just assumed he had left the hospital in his dire state. A note in his medical chart states that he had left the hospital against medical advice, despite video evidence showing Rivera in the exact same seat for the entire ordeal. Continue reading

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. Shahine has been sued for medical malpractice 15 times since 2013.doc-on-phone-300x172

Dr. Shahine, originally a gynecologist (in New York any doctor can perform cosmetic surgeries – even without a nurse or anesthesiologist), is a grossly incompetent doctor according to state authorities. In one case, Dr. Shaine allegedly performed liposuction on a patient before taking her blood pressure or performing a pregnancy test. The patient, it turned out, was actually pregnant at the time and, according to the authorities, the surgery should not have been performed on a pregnant woman. Continue reading

After being diagnosed with an aggressive form of breast cancer and undergoing a mastectomy, a 51-year-old Harlem woman found out that her growth was benign and the surgery was completely unnecessary.  The horrific ordeal, involving two New York City hospitals, has left Eduvigis Rodriguez traumatized, “I didn’t know whether to smile and thank God I didn’t have cancer or cry because I’ve been through so much,” she told The New York Post. Predictably, Rodriguez is suing both hospitals and doctors for medical malpractice.

Rodriguez’s nightmare began after she felt a lump on her breast and went med-errorto Mount Sinai Beth Israel Hospital. After Mount Sinai Beth Israel performed a biopsy, Dr. Jean-Marc Cohen misinterpreted her results and diagnosed her with ductal carcinoma, the most common form of breast cancer. Dr. Cohen then sent Rodriguez to surgery at Lenox Hill Hospital. Continue reading

Only months after receiving a positive diagnosis for HIV, a Mt. Sinai patient endured another living nightmare when the hospital faxed his HIV status to his workplace. The man, who declined to name himself in court documents (opting for “John Doe”), told the New York Daily News that, “For years now, I have been struggling to cope with how my life has changed by the unbelievably careless act of the people who I trusted with my care.” His lawsuit seeks $3.5 million in compensation from the damages caused Mt. Sinai Hospital’s employee’s negligent behavior.

The horrific accident took place in 2014 when the man, after learning of his HIV status, directed Mt. Sinai-St. Luke’s Hospital to mail his medical records to a post office box. The Upper West Side hospital instead faxed it to his office where, according to court documents, it was passed around the office and eventually made its way to his supervisor. The man said that he had neither processed the diagnosis himself nor told his family, and was then in a situation where his entire office had intimate knowledge about his health and sexual history. Unsurprisingly, he quit. As an actor, he said he had trouble finding work after the incident because he was worried his new co-workers may know and judge his HIV status.  Continue reading

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.

doctor-with-cashIn 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 of his hiring. In New York, any doctor that settles three malpractice suits in a 10 year period receives a “note” on their Department of Health public profile. Dr. Kirschenbaum  has received such a note as well as a 1-million-dollar-a-year job at Bronx-Lebanon.  According to the New York Post, the President of Bronx-Lebanon, Miguel Fuentes, recruited him even over the objections of the chief of surgery. Continue reading

The practice of concurrent surgery, or “double-booking,” where a surgeon performs or presides over two patients during the same period of time, has become more popular in recent years. As the practice has become more common, scrutiny by regulators and patient advocates, as well as lawsuits by injured patients, have also increased. These opponents of the procedure say it is unsafe, unregulated, and done primarily to line the pockets of surgeons. Surgeons advocating the practice retort that “double-booking” is a safe and efficient procedure.

double-surgeryDouble-booking has been a common practice at teaching hospitals across the country, where senior attending surgeons delegate procedures to residents or fellows. The residents or fellows will perform one part of the surgery while the surgeon operates on another patient in a separate operating room. Because double-booking requires the surgeon to constantly shuffle between operating rooms, the practice is known as “running two rooms” in the medical community. Senior surgeons may also see patients, or otherwise leave the operating rooms altogether. Continue reading

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