- A Tier 1 Firm for Personal Injury Litigation – Plaintiff in New York City
- A Tier 1 Firm for Medical Malpractice Litigation – Plaintiff in New York City
More than 40 million Americans are undergoing surgery every year. An estimated 35.8 million of them will immediately return home after having their surgery performed in a freestanding ambulatory surgery center or in a hospital-based outpatient setting. Another 7 million will be required to stay at the hospital after their surgery. While most patients fully recover from their surgery without problems some of them will suffer from surgical complications or errors. It is estimated that around 14% of surgical patients encounter at least one adverse event.
In a recent study, the ECRI and the Institute for Safe Medication Practices took a close look at surgical malpractice and analyzed 2,400 surgical adverse events that were recently reported to them. Among these 2,400 reported surgical malpractice events, researchers found that 1,561 of them were relevant. They found that 478 of them (31%) were complications related to the surgery, 460 (29%) of them were adverse events related to patient and operating room readiness, 377 (24%) were retained surgical items, 102 (6.5%) were contaminations, 80 (5.1%) were adverse events caused by equipment failure and 64 (4.1) were wrong surgeries.
To reduce these adverse events, the ECRI recommended the following strategies:
Victims of nursing home abuse , hospital neglect or medical malpractice in New York State not related to Covid-19 can legally hold healthcare professionals responsible for their negligence again.
Yesterday, NY Governor Andrew Cuomo signed a law that rolls back the legal immunity that nursing homes and hospitals were granted during the coronavirus crisis
Since yesterday these institutions can again be held liable in criminal prosecutions and lawsuits.
Dispensing errors occur when a pharmacy commits a medication error and patients receive a different drug, a different dosage or a different drug quantity than their doctor prescribed. Sometimes when the doctor prescribed several medications, the pharmacy might also miss one. While most patients realize when the pharmacy did not give them the proper medication, some don’t. Medication errors by pharmacies can result in more harm to a patients and even death in some cases.
As doctors, pharmacies and patients are adapting to new safety guidelines related to Covid-19, pharmacies should also create new protocols to prevent the risk of medication errors.
The increase in phone prescriptions as well as not delivering the medication at the counter but offering curbside pick-up, drive-through window, home delivery, or mailing the medication can lead to an increase in medication errors if the pharmacy doesn’t take extra safety steps to prevent them.
In a 2nd Department decision decided June 24, 2020, (see decision here), the Court reversed a trial court’s reduction of a $2.5 million jury verdict in a medical malpractice action involving a perforated intestine during an upper endoscopy. When conservative treatment failed, Mrs. Garzon required an exploratory laparotomy to resect a perforated diverticulum, as well as a feeding jejunostomy, during a nine-day hospital stay. Due to presence of intra-abdominal scarring and adhesions from the surgery, Ms. Garzon is at an increased risk of developing a bowel obstruction in the future.
At the trial, our partner NY Medical Malpractice Attorney Marijo C. Adimey obtained a unanimous verdict of $2,500,000 on behalf of her client, Elsa Garzon, from a Queens County jury. The verdict awarded Mrs. Garzon $1,500,000 for past pain and suffering and $1,000,000 for future pain and suffering (see our previous post for full case details).
Defendant filed a post-trial motion pursuant to CPLR 4404(a) to set aside the jury verdict as excessive and against the weight of the evidence. In granting defendant’s motion, the trial court reduced the award for past pain and suffering to $550,000 and reduced the future pain and suffering award to $100,000. The court held that the award for future pain and suffering was speculative and against the weight of the evidence.
The lack of standardized care is a significant contribution factor in maternal mortality
In the US it is estimated that 12 million adults or 1 out of 20 patients are misdiagnosed every year
Congratulations to our partner Jeffrey Bloom for being listed as the 19th most politically powerful lawyer in New York in the 2020 Law Power 100. Jeffrey serves as the Co-Chair of the Medical Malpractice Committee and LAWPAC of New York (the Trial Lawyers’ political action committee) for the New York State Trial Lawyers Association. Gov. Andrew Cuomo described the trial lawyers as “the single most powerful political force in Albany”.
Jeff has been with our firm since he graduated from law school in 1979. He is recognized as one of the best personal injury and medical malpractice attorneys in New York and has helped his clients successfully achieve numerous multi-million dollar recoveries. Among his notable cases, he served as lead counsel representing the Estate of Joan Rivers in a medical malpractice action arising from her death following surgery at an ambulatory surgical center. Jeff also specializes in cases of cancer patients who have been misdiagnosed. He was instrumental in the 2018 enactment of“Lavern’s Law,” which, for the first time in New York, mandated that the statute of limitations in cases on behalf of cancer patients and their families begins to run when the patient reasonably discovers that he/she has been the victim of malpractice.
A 2020 Law Power 100 Reception will take place tomorrow at The Ainsworth Chelsea in Manhattan.
Our partner Jeffrey Bloom will be speaking about Medical Malpractice at the “Bridging the Gap” Seminar organized by the New York State Bar Association on February 20.
This two-day program dedicated to young attorneys who just finished law school will help them “bridge the gap” between law school and the reality of practicing law in New York State. Participants will built a foundation in the practical skills, techniques, and procedures that are essential to the practice of law.
Jeffrey Bloom will be a member of the program faculty among 12 other lawyers coming from different types of law practices. He will cover the subject of Medical Malpractice. Since graduating from law school in 1979, Jeffrey became one of the most prominent Medical Malpractice Attorneys in New York. He has represented numerous clients who suffered catastrophic personal injury as the result of medical malpractice such as improper care resulting in brain damage and Erb’s palsy or failure to diagnose cancer. He was instrumental in the recent passing of the Lavern Law. He also served as lead counsel representing the Estate of Joan Rivers in a medical malpractice action arising from her death following surgery at an ambulatory surgical center.
Two top level transplant surgeons are alleging that they have been fired by SUNY Downstate Medical Center in Brooklyn after they raised the alarm on gross medical malpractice occurring in the cardiothoracic surgery and cardiothoracic intensive care units.
Dr Gruesser, a top transplant surgeon who operated on Congresswoman Gabrielle Gifford after she was shot and saved her life, was hired by SUNY as Downstate’s Chair of the Department and Chief of Transplant. When hiring him SUNY’s goal was that he would turn Downstate’s Cardiothoracic Program and General Surgery Residency program around.
During his tenure, DR Gruesser and his team uncovered several serious patients safety issues including: