New York Personal Injury Lawyer Blog

Research into medical practices for Guantanamo detainees calls giving every detainee mefloquine, anti-malaria treatment, is malpractice. Medical experts with Seton Hall University studied the Defense Department’s policy on giving detainees large doses of the anti-malaria drug, a New York Injury Lawyer stated.

When every detainee is processed into the prison, they are administered 1,250 mg of mefloquine in two doses over a 12-hour period. Mefloquine is usually given as a lost restore to individuals who are known to have malaria. The prison does not conduct a blood test before giving the drug.

Mefloquine is known to have severe side effects including “anxiety, paranoia, hallucinations, aggression, psychotic behavior, mood changes, depression, memory impairment, convulsions, loss of coordination, suicidal ideation, and possibly suicide, particularly in patients with a history of mental illness,” the study stated.

A statement from a Defense Department representative stated that there have been only three cases of detainees coming to the facility with malaria symptoms. The facility has been in use since 2001. There are more than 700 prisoners at the facility.

Malaria is an extremely deadly disease that can kill in 48 hours. According to World Health Organization, around 1 million people died of malaria every year. The top three locations with high malaria dead rates are Africa, Southeast Asia, and the South Pacific. Cuba has no recorded malaria threats. Many the detainees are caught in these areas.

If you or one of your loved ones is being given unneeded prescriptions, or has been the victim of medical malpractice, call Stephen Bilkis and Associates to take on their case. Our office can help you through your legal proceedings, and ensure that your rights are protected. Come in for a free consultation today.

As New York Governor Cuomo proposes legislation that seeks to limit pain and suffering awards to $250,000 in cases involving medical malpractice, there is at least one woman who disagrees with his proposal. This mom also happens to be a practicing physician, which gives her some rather unique perspectives that can only be understood by someone with experience from both sides of the issue. In this instance, the practicing doctor is also the mother of a 13-year old boy who is the victim of medical malpractice.

While her son’s award was awarded several years ago and is not subject to the governor’s proposed cap, she is aware of the day-to-day responsibilities in caring for someone who has been injured due to medical malpractice. A New York Injury Lawyer learned that her son must be attended full-time, as he is unable to walk or talk. His cerebral palsy was caused by medical negligence, which leaves the youth confined to a wheelchair and unable to go though any of the daily things that many people take for granted, such as eating, getting dressed, bathing, and even going to the toilet. Her son also needs a motorized wheelchair and a van with wheelchair access in order to travel anywhere.

Dr. Mom is also at least one physician who takes her responsibility seriously and recognizes there are times when the human factor becomes involved that specifies that we all make mistakes. As was also reported to a Nassau County Personal Injury Lawyer, that she and other physicians, must “live with the reality” that they may cause someone irreparable harm and that they will be sued. While the thought of a potential lawsuit sounds extremely unpleasant to her, her thoughts are also with the potential victim of any such errors. She is all too aware of this by her own experience.

Although the state budget must be brought into line with economic realities, at least one of the things that tend to be overlooked is the realities that victims of medical malpractice must endure daily and for the rest of their lives. They too face certain economic hardships and uncertain futures, and many must do so without the ability to seek gainful employment and must rely on the compassion of others just to survive each day.

The budget debate will likely continue, at least for a short time. All the while people like Dr. Mom will continue to raise their children who have been placed in harm’s way due to the negligence of someone else. When asked as to whether an award of $250,000 would have been sufficient to care for her son for the rest of his life, her reply was a simple, “Absolutely no way.”

Recent reports from a New York City Injury Lawyer reveal lawmakers from the state of Vermont have considered asking the Shumlin administration in Vermont to come up with recommendations for correcting the medical malpractice system in the state with the main concern being they would like to lower the costs of healthcare in the state.

Medical malpractice investigations are very common. In debates over healthcare reform at both state and federal levels, the spotlight is put on the doctors and the medicine they are claimed to use to prevent lawsuits.

Members of the House Health Committee almost finished their completion of the work they have done on a bill that is supposed to put Vermont in the direction of single payer health care. They recently got a visit from the chairman of the Judiciary Committee with a suggestion calling for the medical malpractice study.

Healthcare has been a national issue for several years now as members of both national political parties have debated on whether healthcare reform is even possible, and if so they have to figure out the best way to do it. It has been in the news almost every day and much of the country has been up in arms regarding this issue. It has struck cords in everyone from the very rich who don’t want to pay more taxes to the middle class who can’t afford the rising costs in addition to almost everything else these days. Because the cost of healthcare is going up, the costs of prescription drugs have gone up considerably as well, mainly for senior citizens who need more drugs and are more likely to be on a fixed income.

One of the issues the study would spend a significant amount of time addressing is the cost of defensive medicine and one of the main points is to find a way to lower the costs of medicine while at the same time protecting patients.

Continue reading "Vermont House Wants a Study on Medical Malpractice" »

On Wednesday, the Florida 4th District Court of Appeals overturned an earlier decision by a Circuit Court judge thereby allowing a lawsuit that was filed in 2005, a New York Injury Lawyer has learned. As part of that decision, the appeals court ruled that the lower court had erred when it dismissed a negligence lawsuit in 2009.

The suit alleges that the plaintiff had entered the hospital in May 2002 seeking to have a broken ankle surgically repaired.. During her stay at the hospital, she acquired methicillin-resistant staphylococcus aureus, which is more commonly referred to as MRSA. The staff infection reportedly caused the plaintiff injury and complications.

MRSA is caused by a strain of staph bacteria, which has become resistant to the types of antibiotics that are normally used to treat staph infections. A NY Injury Lawyer found that MRSA commonly occurs in places such as hospitals, prisons, nursing homes, and dialysis centers. Any place that people have frequent skin contact is considered a possible place to acquire MRSA.

Although the original plaintiff in the case that the appellate court ruled on died in 2009, her husband has continued with the lawsuit. It should be stated at this point that while the woman did develop complications from her acquisition of MRSA at the hospital in 2002, her death was unrelated to MRSA.

The ruling on this case has paved the way for about 17 additional cases that have been pending the outcome of this decision. The widower’s attorney went on to say that the trial judge had dealt a big blow to every case that was awaiting trial for hospital acquired MRSA that had been filed either at the same time as this case, or during the time span since. These cases can all proceed to trial now, and those parties concerned can now have their day in court.

Suffice it to say that the hospital that was named in the case was disappointed with the appellate court’s ruling, and they would simply say that their legal teams are moving forward as the pending lawsuits make their way through the judicial process.

If you have been the victim of the negligence of another, including medical malpractice, a construction accident, or a defective product, it is important to speak to legal counsel as soon as possible. You may be entitled to compensation for your injuries, which can include not only medical expenses, but also compensation for pain and suffering, as well as lost income from work.

Continue reading "FL Appeals Court Gives Green Light to Staph Suit " »

By means of a recent report that was issued Tuesday, a New York Injury Attorney learned that at least part of the reason for rogue doctors being allowed to continue practicing medicine after having established a negative history is that state medical boards are not disciplining them. They are not disciplining them even after both hospitals and in many instances, the legal system have established histories of negligence and malpractice.

State medical boards are charged with the responsibility of licensing and also with the disciplining of doctors, dentists, and some other medical professionals. The problem it seems, is that once rogue doctors have been disciplined and in some cases restricted and fired from a hospital, the state medical boards are lax in disciplining them. The report that was prepared by Public Citizen, which is a nonprofit consumer advocacy group, further states that Florida’s proportion of undisciplined doctors was higher than the national average.

The group acquired the data used in the report from the National Practitioner Data Bank that was established as a way to track those doctors who were either barred, or restricted. Hospitals, state licensing boards, and professional societies are required to report any activity involving doctors whose privileges to practice at a hospital have been suspended or revoked, or whose license has been suspended or restricted. The reporting requirement is also inclusive of any issues with the doctor’s professional conduct or competence.

There have been relatively few doctors that have been disciplined over the past 20 years, the NYC Personal Injury Lawyer was told. Of the 10,000 doctors that have been disciplined during that time, only 5,800 of them were actually discharged from their duties at a hospital. The report goes on to add that in most cases the state medical boards took no action against the problematic doctors, and that most of them continue to practice medicine.

While the report lists a few examples of problem doctors, there is one that is troublesome. One such doctor, who was never disciplined by the state medical board, had at least 10 medical malpractice reports over a 14-year period that totaled more than $7 million in damages.

Continue reading "Many State Medical Boards Leave Bad Doctors Undisciplined" »

A New York State senator wants to pass a bill that would increase the percentage malpractice lawyers can receive for taking on medical malpractice lawsuits. Currently, lawyers can earn up to 30% of the first $250,000, 25% on the next $250,000 and 10% on settlements totaling more than $1.25 million. The state of New York is trying to place a cap of $250,000 on malpractice settlements, points out a New York Injury Lawyer. The senator, also a malpractice lawyer, said he opposes any type of cap.

Many states are trying to place limits on the amount of money those filing malpractice lawsuits can claim to reduce medical insurance costs and protect those in the medical community. High amounts sought in medical malpractice cases have driven some medical personnel to stop practicing or open a practice in a state with caps already in place. Capping the amount of those filing malpractice lawsuits may or may not stop the increase of medical insurance costs for medical personnel and patients.

The senator wants to increase the percentage lawyers can receive from a settlement to 33% by repealing an old law currently in use. While his efforts may or may not be successful, making changes to how much lawyers can charge for representing their clients and how much people can sue for medical malpractice will continue to be an ongoing debate.

Malpractice lawsuits cover a variety of items including medical error, database error, failure to alert patients as to the risks of certain procedures, botched procedures, lost wages, emotional stress and permanent injury which render patients unable to work and support themselves, explained a NY Personal Injury Lawyer. Placing a cap on malpractice lawsuits may prevent those who have been injured from receiving the monetary compensation they deserve. The state senate will continue to debate this issue and the issue of lawyer compensation until a final decision is reached. In the meantime, those who have lawsuits pending may be able to settle out-of-court for the full amount they are suing for or some other amount that seems reasonable for all parties involved.

Continue reading "New York State Senator Wants to Increase Malpractice Lawyer Compensation" »

A recent study of orthopedic surgeons suggests that many order unnecessary MRI's, bone scans, x-rays and other tests to protect themselves in the event of a lawsuit. The study, which was conducted on a volunteer basis, compiled anonymous responses from members of the Pennsylvania Orthopaedic Society. A New York Injury Lawyer states that these responses demonstrate an overwhelming number of surgeons order tests on patients that are not essential to their care. These tests are expensive and increase the cost of health care for patients and health care centers each year.

The study claims that surgeons with at least 15 years of experience or those who have been sued in the past five years are most likely to order unnecessary tests. If sued, surgeons can better defend themselves by producing these test results, especially if sued for medical malpractice This is the first study published that relied mostly on responses submitted anonymously. Other studies have compiled outside data such as percentage of lawsuits, number of tests ordered per year and the concentration of surgeons in one area.

This information is valuable not only to surgeons and hospitals, but also to insurance companies and patients. Before agreeing to a test, patients may need to be more diligent in asking their physician why the test is necessary in the first place, a Nassau County Personal Injury Lawyer advises. As healthcare costs continue to rise, many insurance companies may be reluctant to pay for certain tests. This cost may fall on the patient's shoulders instead.

It is unclear if further studies relying on anonymous replies from surgeons in other medical societies will be conducted. While it is worth investigating how many surgeons use these tests to defend themselves from lawsuits, many still use these tests to help treat patients. Questioning why tests are conducted may limit patient care. And while some cite the rising costs of malpractice lawsuits as the reason for the rise in healthcare costs, others agree the quality care comes at a price. Further studies may need to be conducted to determine if surgeons from different regions order unnecessary tests and if this varies from region to region.

If you have been a victim of medical malpractice, or have been injured in an accident, it is important to speak with legal counsel promptly. You may be entitled to compensation for your injuries, including reimbursement for medical expenses, loss of income, as well as pain and suffering. It is important to not delay, because there are strict time deadlines for filing certain types of claims. If these deadlines are missed, you will permanently lose your right to file your case.

Continue reading "Surgeons May Order Unnecessary Tests and Scans to Protect Themselves if Sued Later on" »

A woman living in Napa has won her malpractice suit against a surgeon, says a rep. The woman sued the surgeon who removed her gallbladder two years earlier and who had a mishap while in surgery. The resulting mishap led her to have to have more surgeries and suffer through more pain as a result.

The woman was rushed to an ER after she had severe abdominal pain. Once doctors saw her, they decided to remove her gallbladder because it contained a gallstone and thickened walls. A board certified doctor was scheduled to perform the surgery, according to the report. When the doctor was removing her gallbladder, he mistakenly cut a duct that is in the abdomen, next to the gallbladder. Since the duct was cut, that needed to be repaired as well. Then the woman also had to have more surgeries to correct problems that stemmed from the duct incident.

Hospitals in New York City and in Queens try to prevent this from happening.

A source stated that the woman was awarded $250,000 total. That award included money for past medical expenses associated with other surgeries and then an amount for her pain and suffering. The woman also had to miss work and get help to care for her four young children while she was recovering and getting more medical treatment. The woman has now recovered but her lawyer says her recovery would have been much shorter if the surgeon had not made the mistake in the first place.

Continue reading "Napa Woman Wins Malpractice Suit" »