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Medical Malpractice

  • Medical Malpractice

    Will the Republican Plan to “Repeal and Replace” Obamacare Limit Malpractice Claims?

    By Michael Barasch

    Republicans have long viewed medical malpractice litigation as a factor in the escalating cost of healthcare services. Now that the GOP has control of the legislative and executive branches of government, House Speaker Paul Ryan and Rep. Tom Price, whom Mr. Trump has nominated as Secretary of Health & Human Services, are considering plans to […]

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  • Medical MalpracticeVerdicts

    Jury Awards $172M for Girl’s Injuries After 16-Year Court Battle

    By Dominique A. Penson

    The largest New York jury award for a personal injury in 2014 was $172,381,728 in the case of Applewhite v. AccuHealth Inc. The case arose from a 1998 incident that left 12-year-old Tiffany Applewhite with severe brain damage, which paralyzed her and rendered her mute. Defendants in the case included a nurse, the nurse’s employer […]

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  • Medical MalpracticeVerdicts

    Doc’s Delayed Treatment of Teen’s Collapsed Lung Garners $22M Jury Award

    By Dominique A. Penson

    One of the largest jury verdicts award in New York in 2014 came in the case of 16-year-old Carlos Buri, who, while in hospital care for pneumonia on May 29, 2009, suffered a collapsed lung and severe brain damage due to hypoxia. As a result, Carlos cannot walk or perform everyday tasks. He will never […]

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  • Medical MalpracticeVerdicts

    Jury Awards $62M to Brooklyn Mom Who Lost Both Legs in Hospital Malpractice Case

    By Dominique A. Penson

    Last year, a jury in New York awarded 34-year-old Stacey Galette $62 million in compensation for hospital negligence that resulted in the loss of both legs below the knees. On October 6, 2009, the young mother from Brooklyn had gone to Winthrop University Hospital for laparoscopic removal of an ectopic pregnancy, a dangerous condition where […]

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  • Medical Malpractice

    Claim against Quest Diagnostics for Misreading a tissue Sample Involves Medical Malpractice Not Ordinary Negligence

    By Dominique A. Penson

    An appeals court has held that a claim against Quest Diagnostics for misreading a pap smear tissue sample sounded in medical malpractice, not ordinary negligence.  The ruling, in Annuziata v. Quest Diagnostics, resulted in the dismissal of plaintiff’s case because it was not brought within the 2 ½ year time limitation applicable to a medical malpractice […]

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  • Medical Malpractice

    Clinic That Treated Joan Rivers Sued for Medical Malpractice

    By Dominique A. Penson

    The daughter of the late comedian Joan Rivers recently filed a medical malpractice lawsuit against the outpatient clinic that treated her mother in the final week of her life. The clinic is the Yorkville Endoscopy Center on the Upper East Side of Manhattan, and treated Rivers in late August and of 2014, just days before […]

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  • Medical Malpractice

    Hospital’s Bid to Perform Leg Amputation Upheld

    By Dominique A. Penson

    A reminder why it’s so important to designate a health care proxy for yourself A Brooklyn appellate panel said doctors at North Shore LIJ/Forest Hills Hospital adequately showed they had to perform a leg amputation on a woman with mental health issues, despite her objections. The hospital petitioned for court permission to perform the below-the-knee […]

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  • Medical MalpracticePersonal Injury

    New Ruling Could Pave the Way for Malpractice Claims Against Cruise Lines

    By Dominique A. Penson

    A New York City policeman and Korean War veteran named Pasquale Vaglio was on a cruise in 2001 with his family when he fell and hit his head after getting off the ship to go on a sightseeing trip. A nurse examined the 82-year-old man, determining that he should get some rest in his cabin. […]

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  • Medical MalpracticePersonal Injury

    New York Man Wins $2.3 Million in Malpractice Lawsuit

    By Michael Barasch

    A New York man recently won a $2.3 million medical malpractice lawsuit after an orthopedic surgeon was found liable for his failure to treat the victim’s infection. According to details from the case, the plaintiff visited Hudson Valley Radiology Associations to have an MRI done in 2010. A routine injection allegedly resulted in causing a […]

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  • Medical Malpractice

    Pediatric Prescription of Codeine Presents a Danger

    By Michael Barasch

    Despite the danger, American physicians continue to prescribe codeine to pediatric patients. Codeine is a well-known drug without a clinically-supported use for children. Prescribed for aches and coughs, codeine can cause potentially fatal injury in some young patients. When ingested, the human body metabolizes codeine into a morphine-like substance. Because of the variable rate at […]

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