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New York City Medical Malpractice Law Blog

Do you think a surgeon would tell you if there was an error during surgery?

Doctors are held to high standards of practice because they hold peoples' lives in their hands. This can make patients feel helpless because of the risk of their doctor making a mistake during treatment. As such, they are also held to high ethical standards. National guidelines recommend that physicians make a full disclosure to a patient and the patient's family. But, a new survey published in JAMA Surgery, found that not all surgeons follow that guideline.


Statistics on hospital errors might be misleading

Headlines highlighted a recent study which concluded that medical errors are the third leading cause of death. But this study and these headlines do not tell the whole picture. The study does not propound any new information or knowledge.

What is the Medical Indemnity Fund?

The Medical Indemnity Fund was created to be a source of funding for the future medical costs for plaintiffs who suffered a birth injury during delivery. It is designed to provide assistance for "qualified plaintiffs" throughout their lifetime to defray some of their medical bills. It also attempts to lower the costs associated with litigation throughout the healthcare system. The Fund provides a method of support however it is likely insufficient on its own. Most government programs lack the funding to provide all of the care that your child will require.

Nursing home loses $1.1M in wrongful death suit

When we place a family member in a nursing home, we do so with the belief that he or she will be well cared for. And if something should happen to them due to negligence on behalf of the facility, then it is important that there be some mearsure of accountability.y.

Six Issues to Consider Before Filing a Medical Malpractice Suit

Getting injured due to a medical mistake is a shocking and overwhelming experience. Your doctor, especially a doctor you trust to take care of you when you go under anesthesia, occupies a unique place. Doctors get to know the most intimate part of a person, be it their body or their mind. Any violation, even an accidental or negligent one, can be devastating. As a result, you may want to immediately file a lawsuit. Before you do, here are six issues to consider.

Verdict of $46.5 Million for Plaintiffs Who Developed Cancer from Monsanto Product

Monsanto, the globally known agriculture chemical company, recently received another blow against them. Monsanto was ordered to pay around $46.5 million to three different plaintiffs who developed non-Hodgkin's lymphoma from exposure to Monsanto's polychlorinated biphenyls (PCBs). Commercial production of PCBs began in the early 20th century but have recently been banned in multiple countries worldwide due to increased risk of human health and environmental issues. PCBs are synthetic chemicals and are so effective because they are able to resist acids, bases and heat.

Hospitals rarely disclose errors they make

All hospitals make mistakes, they are run by people, it is inevitable. But when a hospital makes a mistake, most people expect the doctor and hospital to come forward and explain the error so that everyone can work together to correct it. Everyone has a friend or relative that has a horror story regarding hospital care. To test those stories, ProPublica conducted a three year survey of all 50 states and the District of Columbia to measure hospital errors and other associated events.

ProPublica surveyed more than 1,000 people and sent them a detailed questionnaire that allowed the respondents to expand upon their experiences. They found that only one in five people reported that the hospital disclosed that an error had occurred. Moreover, in about half of those cases the hospital divulged the information only after threats of a lawsuit or official complaint. ProPublica also found that only one in eight people received an apology.

Unacceptable Delay Leads to Loss of Limb for Brooklynite at Local Hospitals

Delfino Cuautle joined a number of patients victimized and disabled by medical malpractice and mismanagement at New York City hospitals over the last few months. Cuautle was hit by a car after getting off his night shift. EMS responded to the scene within three minutes and rushed Cuautle to Coney Island hospital.

Federal Judge Rejects Monsanto's Motion for Dismissal in Roundup Cancer Lawsuit

On June 29th 2016 Christine Sheppard, a former coffee farmer who used the popular herbicide Roundup, manufactured by Monsanto, scored a small victory in court when her case was kept alive by Chief U.S. District Court Judge John Michael Seabright.

IVC Filters and Blood Clots

Inferior vena cava filters used to prevent pulmonary embolism are associated with major risks such as recurrent deep venous thrombosis and inferior vena cava thrombosis. The presence of these risks can later be related to severe morbidity and mortality with incidence rates depending on patient population and type of filter used. Permanent IVC filters are reported to have about 8.5% of patients developing DVT and the rates keep increasing as time goes on with the filters implanted. Rates for retrievable filters are around 0.8%-18% with the highest rate reported with use of ALN option filters.

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