Medical Malpractice

Published on: June 26, 2012

NY Appellate Court Hears Allegations of Neglect, Judgement for Defendant in Child Neglect Case

by Stephen Bilkis

Queens Birth Injury 5

This is a case being heard in the Kings County Family Court. The case involves the children, Justin S., Brandon S., and Shyrelle F., all under the age of eighteen. A New York Injury Lawyer said the case is alleging neglect of the children by the respondent, Wendell S. The children, Brandon and Justin are represented by Michael A. Fiecter. Shyrelle is represented by attorney Kim Ostheimer. Christine Waer, Esq. who is the Special Assistant for the Corporation Counsel Administration of Children’s Services and is seeking charges of neglect. The respondent father is represented by Rhonda Weir, Esq. The non respondent mother is represented by Kim Ostheimer.

Case at Hand

Published on: June 25, 2012

NY Appellate Court Confirms Improper Care of Infant, Judgement for the Plaintiff

by Stephen Bilkis

Queens Birth Injury 15

This case is being heard in the Special Term of the Queens County Supreme Court. The original plaintiffs of the case are John Joseph Shea III, who is an infant under 14 years old, represented by his guardian John Joseph Shea II and John Joseph Shea II individually. The defendants are Otto Gitlin, d/b/a Queens Memorial Hospital, Jane Stidolph (first name is fictitious), and Dr. John Uvetich. Stidolph and Dr. Uvetich are third party plaintiffs versus the third party defendants Dr. Samuel Weiner and Dr. S.J. Rosoff.

Third Party Case

Published on: June 24, 2012

Request for Summary Judgment Denied in Medical Malpractice Case – Peterson v. Andrew Garber, M.D., 2007 NY Slip Op 32866(U) (N.Y. Sup. Ct. 9/6/2007)

by Stephen Bilkis

In this medical malpractice case, the court must decide whether the plaintiff’s expert testimony was sufficient to rebut the defendant’s expert’s testimony which established a prima facie showing supporting the defendant’s motion for summary judgment dismissal.

Plaintiff Peterson filed a medical malpractice lawsuit against defendant Dr. Garber. In her claim, the plaintiff asserted that the defendant improperly performed amniocentesis, and as a result her infant son’s right eye was penetrated with a needle. Plaintiff alleges that this caused her baby to suffer a condition called microphthalmia (small eye). In addition, her baby is blind in that eye and must wear an ocular prosthesis. Defendant Garber filed a motion for summary judgment dismissal of the case, asserting that the baby’s condition was not caused by improper amniocentesis, but was actually a developmental anomaly.

When a defendant files a motion for summary judgment dismissal, the defendant has the burden of presenting a prima facie case that there is no genuine issue as to any material fact and that based on the undisputed facts, the defendant is entitled to judgment as a matter of law. If the defendant offers a prima facie showing, then the burden shifts to the plaintiff.

Published on: June 23, 2012

Woman Contends High Risk Pregnancy Wasnt Managed Properly

by Stephen Bilkis

The plaintiffs in this case are Angel Hunter, who is an infant and represented by his mother, Lisa Aveta, and Lisa Aveta for herself. The defendants in the case are Richmond University Medical Center, Michael Moretti, M.D. and Marino A. Poliseno, D.O. The case is being heard in the Richmond County Supreme Court.

Case Background

Angel, who is an infant in this case, is represented by her mother Aveta. During her deposition, Aveta said that there were diabetes, deafness, brain tumors, and Down’s syndrome, in her family history. A New York Personal Injury Lawyer said she personally has a history of asthma and seizure disorder. She has also had a gynecological surgery. Aveta has been pregnant 14 times and 9 of those times ended in a spontaneous abortion and one ended in neonatal death. Two of her children, including Angel, have seizure disorder. Aveta also has had deliveries that are premature.

Published on: June 22, 2012

Plaintiff Sues Defendant for Pregnancy, NY Court Finds for the Plaintiff

by Stephen Bilkis

The claimant in this case is Alice D. The defendant of the case is William M. The case is being heard in the New York County Harlem Small Claims Court. Both the claimant and the defendant are representing themselves in the case. The Honorable David B. Saxe is overseeing the case.

Case Introduction

This case revolves around the issue of a man and a woman having sexual intercourse that resulted in a pregnancy. A New York Injury Lawyer told the man told the woman that he was sterile at the time they had sexual relations. She is suing him for the cost of the abortion and related expenses as a result of the pregnancy.

Published on: June 21, 2012

Plaintiff Appeals Medical Malpractice Judgement in Slip and Fall Case

by Stephen Bilkis

This is a case of appeal being heard in the Second Department of the Supreme Court Appellate Division. The appellant in the case is Rita Prado. The respondents of the case are the Catholic Medical Center of Brooklyn and Queens, Inc. et al.

Case History

The plaintiff is appealing a verdict from a medical malpractice suit that was heard in the Queens County Supreme Court. The original verdict made by the Supreme Court was in favor of the defendants, granting a summary judgment in the case. A New York Injury Lawyer said the complaint made by the plaintiff was dismissed.

Published on: June 20, 2012

Court Discusses Neglect of Children

by Stephen Bilkis

This is a case of alleged neglect of two children; Kamiyah C. and Janiyah T. both are under the age of eighteen. The respondents of the case and the two people accused of neglecting the children are Amanda T. and Lateek C. The case is being heard in the Family Court of Kings County.

Case Background

A New York Injury Lawyer said the respondent mother, Amanda T. is the mother of both of the children in question. Lateek C., the respondent father, is Kamiyah’s father and is personally responsible for Janiyah. The two children were removed from the home of the respondents on the 30th of January, 2007.

Published on: June 17, 2012

Plaintiffs Medical Malpractice Action Claims Lack of Informed Consent

by Stephen Bilkis

Birth Injury 129

The plaintiffs of the case are Alexander Perez and Invannia Mieses- Perez. The defendants of the case are the University Hospital of Columbia and Cornell, Nicole Rodney, Jack Maidman M.D., Kimberly Mathis M.D., Sharmilee Bansal M.D., and Joshua Holden M.D. The case is being heard in the State of New York Supreme Court.

Case History

Published on: June 16, 2012

Infants Personal Injury Award Paid to Welfare Department

by Stephen Bilkis

The female complainant was a public charge from the time of her birth and maintained by the County Welfare Department infants’ homes and foster homes. She was married and was removed from the Welfare rolls.

A New York Injury Lawyer said in 1955 the complainant was involved in an automobile accident. By the order of the County Supreme Court, the infant’s settlement was allowed and bills were ordered paid to the County Welfare Department as reimbursement as a fifty percent compromise for sums paid by said Department to the hospital and the balance was ordered paid over to the Commissioner of Social Welfare as general guardian of the infant, jointly with the Guardianship Department of the Surrogate’s Court. The Welfare Department’s allegation that the money was expended on behalf of complainant from the date of her birth to shortly before her marriage appears to be unchallenged. By an order of a Judge, the sum of $4,012.95 then in the infant’s guardianship account was ordered to be paid to the Commissioner of Social Welfare as part reimbursement for the support, care and maintenance furnished by the County Department of Social Welfare. The pending proceeding is for an order setting aside the aforesaid order of the Surrogate’s Court and directing an accounting by the Commissioner of Social Services and payment of the funds to the complainants.

There appears to be no question but that the sums of money involved were in the guardianship account as a result of the infant’s settlement for personal injuries. The complainant’s theory is that funds of an infant from a personal injury settlement may not be applied for care and maintenance. Many cases in the State promulgate the theory.

Published on: June 13, 2012

Court Decides if Insurance Co. Liable in Hospital Mishap

by Stephen Bilkis

The wife of the complainant went to a Hospital where she had a normal delivery of a child and she remained for five days at which time she and the infant were discharged.

The facts further indicate that the child was born with a right congenital hernia. In the best interest of the infant’s health, the operation was postponed for three months. A New York Injury Lawyer said that at that time, herniotomy was performed at another Hospital and the child was discharged after three days.

The services of the hospital and doctors during the confinement of the woman and her child amounted to $474.90 and the expenses incurred for correcting the hernia amounted to $288.00.