Venue: Supreme Court, Suffolk County

Facts: The plaintiff was admitted to the hospital for abdominal pain. It was claimed that when he rang the nursing bell to obtain assistance in going to the bathroom, no one responded. After a few minutes, he got out of bed, and in attempting to walk to the bathroom, fell, sustaining a femoral neck fracture which required surgery. Plaintiff argued that the bedrails should have been up which would have prevented him from trying to get out of bed. The Bill of Particulars alleged “negligent monitoring of the patient on medication by nursing staff.” The Summons and Complaint were served after the 2 ½ year statute of limitations had run but before the three year statute of limitations for negligence. (more…)

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Venue: Supreme Court, Nassau County

Facts: It was claimed that malpractice on the part of five physicians and two major New York area hospitals, committed during the mother’s labor and delivery, resulted in the birth of severely brain damaged triplets. In this potentially high value matter, the plaintiff mother, represented by one of the most well-regarded medical malpractice plaintiff’s firms, argued that the cervical cerclage placed by the physicians was not indicated. According to them, the cerclage should have been removed when the plaintiff mother was admitted to our client, a major New York area hospital, for prolonged monitoring and management. (more…)

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Venue: Supreme Court, Suffolk County

Facts: Plaintiff asserted malpractice against his attending surgeon and a major metropolitan area hospital, claiming that a surgery was performed on the wrong portion of his body. As a result, plaintiff purportedly required further medical treatment and a subsequent surgical procedure. (more…)

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Venue: Supreme Court, Queens County

Facts: The 57 year old patient, a diabetic and Vietnam War veteran, was admitted to the defendant hospital for coronary angiography. Upon admission it was noted that he had non-healing ulcers on his foot. The coronary angiograph revealed multi vessel coronary artery disease and the decision was made to treat the condition with stenting. Prior to the cardiac procedure being performed, a vascular consult took place and a plan was formulated to perform bypass surgery on the leg after the stenting procedure was performed. (more…)

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Venue: Appellate Term, First Department

Facts: Plaintiff appealed the order of the trial court (Hon. Justice Ernest J. Cavallo), which granted defendants’ motion for summary judgment. Plaintiff alleged wrongful death/ malpractice claiming that a major area hospital and 18 physicians were complicit in over-anticoagulation and administration of a tainted blood transfusion.

Appeal: The Appellate Term (Schoenfeld, J.P., Shulman, Hunter, J.J.) ruled that defendants’ established a prima facie entitlement to summary judgment, which plaintiff did not rebut. Plaintiff’s expert’s opinion was insufficient, on the basis that her license to practice medicine was revoked due to psychological impairments. Additionally, plaintiff’s expert’s opinion was found to be conclusory, speculative and unsupported by factual assertions. Finally, the court found the expert’s opinion inadequate that the alleged departure hastened the death of plaintiff’s decedent, who was 87 and suffering from several serious comorbidities.

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Venue: Supreme Court, Suffolk County

Facts: Young girl becomes impaled by piece of metal while climbing over a chain link fence. It was claimed that the care and treatment she received in the emergency room was sub-standard and resulted (more…)

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Venue: Supreme Court, Suffolk County

Facts: Middle aged male was admitted to the hospital by his private physician with a diagnosis of life threatening metabolic alkalosis which did not respond to standard treatment. As a last measure, co-defendant nephrologist ordered (more…)

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Venue: Supreme Court, Nassau County

Facts: Middle aged plaintiff underwent REDO CABG by Defendant Cardiothoracic Surgeon. During the immediate post-operative period all of the grafts shut down and on the following day, the patient was returned to the operating room for life saving (more…)

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Venue: Supreme Court, Queens County

Facts: Middle aged employed male undergoes CABG via a Heart Port Access Approach. On the third post-operative day he sustained an acute and almost total loss of vision and was diagnosed with anterior ischemic optic neuropathy. It was claimed that the defendants failed to advise the patient of this potential risk and that had he been appropriately advised, he would have elected to undergo less invasive treatment. (more…)

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