The New York Personal Injury Blog

Medical Malpractice in New York

Medical Malpractice is a type of personal injury case that arises when a patient has been injured because of the improper action (or inaction) of a healthcare professional or medical facility. Negligent actions resulting in medical malpractice cases can include an error in diagnosis, treatment, or illness management. If you have suffered injuries due to the improper actions of a medical provider or health care facility, a New York injury lawyer can help you understand if you have a personal injury case.

If you need legal advice on any personal injury issue in New York, including medical malpractice, you should speak to a New York personal injury attorney. Personal injury attorneys often offer free consultations and generally take cases on contingency, which means that you will not be expected to pay attorney fees unless you receive a favorable verdict.


Recently in Medical Malpractice Category

Brownsville Brookdale Hospital, One of the Worst?

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Brookdale Hospital dangerous? Brownsville, Brooklyn has a reputation for being rough and unsafe, and according to a federal study, its hospital is no different.

In a March survey by the federal Centers for Medicare and Medicaid Services, Brookdale Hospital was found to have violated a bevy of health and safety regulations and the violations threaten the hospital’s Medicare and Medicaid funding, reports the New York Daily News.

Wrong Cancer Diagnosis Lawsuit Against St. Luke's

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If a similar story has happened to you, you will definitely want to contact an Manhattan medical malpractice attorney.

For several weeks, Ann Berlin received cancer radiation treatment with the understanding that if the treatment did not work, she may die, reports the New York Post. Six radiation treatments later, St. Luke's Roosevelt Hospital contacted the 73-year-old woman and said they made a mistake, she didn't have cancer after all. And the radiation treatment she undertook was completely unnecessary.

Now, Berlin is suing St. Luke's for the wrong cancer diagnosis.

Kaitlyn Nelson, a 24-year-old woman from Brooklyn, won a $60 million judgment for a botched acid reflux operation.

The woman received the surgery at Maimonides Hospital in December 2000, when she was just 13, and as a result, Nelson's stomach is now paralyzed, reports the New York Post.

In 2004, New York changed its law allowing mothers to sue for emotional distress following a stillbirth caused by a hospital's negligence. Now, the first stillbirth lawsuits are winding their way through New York courts that will gauge the price of a stillborn.

In one lawsuit, an eight-months pregnant Brooklyn woman went to a hospital complaining of abdominal pains. The hospital sent her home with painkillers. That night, she lost her baby when she went into labor at home. After a lengthy lawsuit, a court awarded the woman $1 million for her pain and suffering, reports The New York Times.

Vangelis Kapatos Jumps Out Of Apartment Building

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Manhattan local Vangelis Kapatos jumped out of the ninth-floor window of his New York apartment on Monday, according to Reuters. Fortunately, Kapatos landed on a large mound of trash that was left uncollected during the city's intense snowstorm last week. Katharina Capatos, Vangelis' aunt, said many of the residents had been complaining about the accumulating trash and layers of snow that were piling up along the sidewalks.

"I'm thankful that [the trash] was never picked up," Capatos said as her nephew currently remains hospitalized under critical but stable condition. New York police officials said Vangelis Kapatos left no suicide note before leaping out of the apartment and that the garbage below had broken his fall.

Couple Sues Long Island Hospital Over Fertility Treatments

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Abida Mahmood and Sajid Mahmood claim their doctor thawed and killed their embryos, shattering their hopes of having a family of their own. According to the New York Post, the Queens couple filed a malpractice lawsuit against the Long Island hospital they went to for fertility treatments.

Last year, Abida Mahmood and Sajid Mahmood were incapable of conceiving and visited the North Shore-Long Island Jewish Center for Human Reproduction at Manhasset's North Shore University Hospital. The couple's NY personal injury lawyer Stephanie Ovadia said her clients' physician, Matthew Cohen, started an in-vitro fertilization program for the couple. The procedure involved extracting Abida's eggs, fertilizing them outside her womb, and implanting the eggs back into her.

Shipley Family Sues New York City

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Staten Island residents Andre and Korisha Shipley lost their 17-year-old son Jesse Shipley in a terrible vehicle accident. After their son's burial, they were shocked to find that Jesse's brain was not included with the rest of his remains. The parents discovered their son's brain was actually on display in the medical examiner's office, according to CBS New York.

Two months after Jesse Shipley's burial, some of his friends saw a brain in a jar labeled with Jesse's name during a high school field trip to the morgue. The ME's office explained to Andrew and Korisha Shipley that they were holding the brain for tests, but the parents were never informed up until that time.

Ramona Jiminez Files Medical Malpractice Lawsuit

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Doctors told Long Island grandmother Ramona Jiminez two years ago that she had only a few months to live. A second opinion told her otherwise and gave her another opportunity at life, which has led Ramona Jiminez, 85, to arrange a multi-million dollar medical malpractice lawsuit against Bayshore's Brookhaven Memorial Hospital for wrongly diagnosing her.

CBS New York reported Ramona Jiminez's daughter Bruni and her family brought the elderly woman to the Bayshore hospital on November of 2008 for a stomachache. Doctors ended up diagnosing the grandmother with stomach and lung cancer, telling the patient and her family that Ramona Jiminez had only two months to live.

Dr. Jonathan Mauser, of Cayuga Cardiology Associates P.C., failed to notice that former Tompkins County District Attorney George Dentes had disease, according to a lawsuit by his widow reported by the Ithaca Journal. The DA had a heart attack and died in October 2006, for which his widow blames the physician.

With the help of a New York injury lawyer, widow Elsie Dentes filed a medical malpractice lawsuit against Dr. Jonathan Mauser and his employer claiming he "improperly interpreted [George] Dentes' April 2005 stress echocardiogram." The suit goes on to claim that as a result of not detecting his coronary artery disease and treating it, he suffered a fatal heart attack.

Senior appellate judge Douglas McKeon, who hears cases in New York City, innovated a new approach to resolving medical malpractice lawsuits and the Obama administration has taken notice, an Associated Press article reported. Medical liability, blamed by some as a contributor to rising medical costs, is a contentious issue.

New York injury lawyers specializing in malpractice handle a wide spectrum of cases, ranging from gross negligence to simple human error, but critics say physicians often base their decisions more on liability concerns than the best interests of their patients.