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 […]
Medical Malpractice
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 […]
NY Hospitals Receive Failing Grades from Federal Government; Coney Island Gets One Star Rating
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 […]
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 […]
Medical Malpractice Alert: Medical Errors Found to be the Third Leading Cause of Death in the US
Recent research has found that medical errors are now the third leading cause of death in the United States. An analysis published by the BMJ last week showed that medical errors in hospitals and other health care facilities are very common, resulting in 251,000 deaths per year; more deaths than respiratory disease, accidents, stroke and Alzheimer’s. The […]
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, […]
Nurse Pleads Guilty to Obtaining Narcotics Through Fraudulent Prescriptions
Linda Masse, a Licensed Practical Nurse, pled guilty in Schenectady County Court to one count of Criminal Possession of a Forged Instrument in the Second Degree, a Class D Felony, with a sentence of felony drug court. Masse also agreed to surrender her nurse practitioners license. Linda Masse was a licensed practical nurse at Women’s […]
Second Department Decides Case Involving Complications After Lap Band Surgery
The New York Supreme Court, Appellate Division, Second Department affirmed in part and reversed in part a trial court order for summary judgment in a medical malpractice case. The plaintiff underwent lap band surgery in 2002, which led to complications with her pregnancy. In June 2004, after visiting her doctor’s office with complaints of nausea, vomiting, […]
Lavern’s Law: An Attempt to Modify NY’s Medical Malpractice Statute of Limitations
New York State is one of the few states that do not have a “date of discovery” statute of limitations, which can prove detrimental to many medical malpractice victims. A date of discovery statute of limitations allows a person to pursue an action from the date at which the malpractice is discovered as opposed to the […]
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 […]
$115,000 Pain and Suffering Verdict Affirmed in Surgical Malpractice Case
The New York Supreme Court, Appellate Division, Fourth Department affirmed a jury verdict that awarded the plaintiff $115,000 in past pain and suffering when a surgical team left a surgical instrument inside of the plaintiff. The plaintiff was undergoing surgery at the defendant hospital at the time of the incident. A team of nurses and […]
Doctor Faces Medical Malpractice Claim for Failing to Diagnose Cancer
The Supreme Court of the State of New York, First Judicial Department affirmed an order by the Supreme Court of New York County that had dismissed a doctor’s motion for summary judgment that sought dismissal of a case alleging that the doctor failed to diagnose pelvic cancer. The plaintiff had a long and tumultuous history […]
The Latest on the Joan Rivers Personal Injury Lawsuit
As the reader is no doubt aware, on September 4th of this past year legendary comedienne and red carpet host Joan Rivers tragically died during a medical procedure. She was 81 years old and reportedly in excellent health, making the death a shock and surprise to both her fans and her loved ones. Since then, the […]
Proposed Budget Would End Physician Profile Website
Governor Andrew Cuomo’s proposed budget would eliminate nydoctorprofile.com, a state-run website that provides information to current and prospective patients about New York doctors’ education, areas of practice, professional activities, and legal action taken against them. According to the governor’s proposed budget, the site is duplicative, as much of the information on it can be found […]
Lax Discipline of Nurses Leaves Vulnerable Populations Open To Abuse
Due to the nature of their work, it is important that nurses’ professional conduct is regulated to prevent abuses of power. In New York State, such misconduct is regulated by the New York State Education Department’s Office of the Professions. It is in charge of the investigation and prosecution of professional misconduct, while the Board […]
Failure to Diagnose or Delayed Diagnosis
Patients who are not diagnosed in a timely manner or not diagnosed at all face a host of potential dangers. They may have delayed treatment, incorrect treatment, or no treatment at all. The consequences of failing to diagnose or a delayed diagnosis can lead to the worsening of an illness, permanent injury, or even death. In any […]
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 […]
The Importance of Having a Board Certified Physician
Approximately 90% of practicing physicians in the U.S. are board-certified. While this is a fairly high percentage, it still shows that a number of doctors practicing in the U.S. without board certification. Receiving medical care from a qualified and competent physician is important when it comes to your healthcare. Take a look at the following […]