Sometimes clients will call me asking about a kind of case that are called failure to diagnose cases. A failure to diagnose case is where the physician fails to diagnose a disease or a condition as a result of not doing so, as it progresses and cause the patient harm. Examples of that would be cancer. Every […]
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Sometimes when it comes to medical malpractice cases it seems like the future is now. For those of you who may be friends of Star Trek, you probably recall Dr Mccoy using his little thing to see what’s going on with patients so that he can then give them some special injection and presto voila […]
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When a client calls me and they are consulting me about possibly bringing a medical malpractice case, it’s a fairly reasonable assumption for me to make that they haven’t had to do this before. I hope that’s the case, because to be a victim of medical malpractice is really a terrible thing. If they’ve never […]
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Medical malpractice cases are some of the most complicated, challenging litigation in the civil justice system here in New York. It’s complicated and challenging because of its subject matter, the science and techniques involved in the practice of medicine, which of course is very wide and deep, and it’s complicated because the attorneys who are […]
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Another kind of case involving labor and delivery that we are consulted about on a frequent basis involves the injury of Erb’s Palsy. Erb’s palsy cases involve one arm or the other, usually of a baby who’s arm has weakness either in the arm and shoulder or in severe cases all the way down the […]
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An area of medicine that we often get consulted about has to do with those kinds of cases having to do with pregnancy, labor and delivery. Of those kinds of cases are involving ectopic pregnancy which have been coming to the fore recently. Specifically, an ectopic pregnancy means a pregnancy that’s outside the uterus and […]
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Clients come to me after something bad has happened and they’re trying to determine whether what has happened means that they have a medical malpractice case. Sometimes when they come to inquire whether they have a case, that includes being very upset because the healthcare professional or physician seems to be blaming them for what happened […]
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Causation is the third element that a plaintiff must prove in a medical malpractice case. We have discussed duty, breach of duty, causation and damages. Causation actually in some ways is the most contentious. Duty can be readily identified and both sides pretty much have a good idea when they sit down and evaluate a case whether […]
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Clients will often talk to me about a very large area of negligence that we refer to as surgical errors. Any medical specialty you can think of has a surgical specialty to go along with it. This is a vast area of the medical field. There are kidney surgeons, heart surgeons, back surgeons, foot surgeons, […]
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Closely related to the claims involving imaging studies are claims involving diagnostic tests. There are an infinite variety of diagnostic tests that can be performed. The tests that tend to generate cases by the mere performance of the test itself usually involve the insertion of something into the body and an adverse reaction as a result of […]
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