Articles Posted in Medical Malpractice

Following extensive settlement negotiations, our partner, Jeffrey Bloom, on May 8, 2009, obtained a settlement of $9,260,500 in a medical malpractice case in which it was alleged that the defendant doctors failed to timely diagnose a small bowel obstruction in a 37 year old woman. As a result of the defendant doctors’ negligence, the plaintiff suffered multiorgan failure including renal failure that ultimately required a kidney transplant.

On December 20, 2003, the plaintiff presented at an emergency room complaining of vomiting and abdominal pain, but the defendants failed to do any diagnostic work-up repeatedly giving her pain medications which masked her symptoms. She was sent home with a diagnosis of a virus. She returned to the emergency room three days later with excruciating abdominal pain.

Although the doctors finally diagnosed her small bowel obstruction during this second emergency room visit, her surgery to relieve the obstruction was unnecessarily delayed for 16 hours. As a result of these delays, the plaintiff suffered extensive and severe injuries. She was hospitalized for a full year and then required in-patient rehabilitation for 6 months. She has undergone 16 surgeries and 15 hospitalizations to date.

Our Partner Robert L. Conason is on The Faculty of This program which will be held from October 12 – 14, 2009 at the Marriott Eastside Hotel, New York, New York.

This CME program is designed to cover clinical aspects of breast imaging including conventional and digital mammography, breast ultrasound, breast MRI, and interventional procedures, as well as medicolegal issues. The faculty consists of nine nationally and internationally recognized experts. The program of lectures and panel discussions will be filled with “take home” information that should benefit every breast imaging practice. Bob will be speaking on October 14, 2009 0n Breast Imaging Malpractice: An Attorney’s Perspective. For more information click here.

Our Partner, Stephen H. Mackauf is The Co-Chair of The American Conference Institutes’s 8th Annual Advanced Forum on Preventing, Managing and Defending Claims of Obstetric Malpractice. The Forum will be held on June 23 & 24, 2009 at The Union League of Philadelphia-Philadelphia, PA. Stephen will also be participating in a Post-Conference Workshop on June 24th, “The Attorney’s Guide to Handling an Infant Brain Injury Case from Start to Finish.” Stephen will also be speaking on Fetal Monitoring and Surveillance: Making the Right Decisions Based on the Right Information. For more information click here.

Our Partner Stephen H. Mackauf will be participating in a two day Seminar, “Defending the Delivery Team: Obstetric Malpractice” sponsored by Legal iQ. The program will be held in San Francisco on April 28th and 29th, 2009. Stephen will be discussing the Plaintiff’s perspective. For more information click here.

Our partners Jeffrey Bloom and Richard Steigman have co-authored an article entitled “The Impact of Arons: A Look at the Court of Appeals’ Decision to Allow Ex Parte Interviews of Treating Doctors and Where We Go from Here.” The Article is in The Spring 2008 Edition of Bill Of Particulars published by The New York State Trial Lawyers Institute.

Murray v. New York City Health & Hospitals Corporation June 24th, 2008 WARNING

The 2d. Department upheld the dismissal of plaintiff’s action for wrongful death resulting from medical malpractice when the plaintiff’s counsel failed to appear for a final conference. The Court held;

LOSS OF VISION FOLLOWING BLEPHAROPLASTY AS A RESULT OF ORBITAL HEMORRHAGE

Blepharoplasty basically is surgery in which excess tissue is removed from the eyelids. It is the most commonly performed cosmetic surgery of the face. Upper eyelid surgery is usually performed for removal of excess skin, muscle and fat and lower lid surgery for the removal of fat pads, so called baggy eyelids caused by herniation of periorbital fat.

The most serious complication of blepharoplasty is partial or complete loss of vision, most commonly as a result of intra-orbital hemorrhage. A widely accepted theory suggests orbital bleeding increases intraorbital and intraocular pressure, compromises the ocular circulation, and results in ischemic or optic nerve damage. Ischemic optic neuropathy and central artery occulsion are believed to be the most common final events in most cases of blindness after blepharoplasty. (Lowry JC, Bartley GB: Complications of Blepharoplasty. Surv. Ophthalmol 38:327-350, 1994).

FAILURE TO PROPERLY TREAT EXTRAVASATION OF DOXORUBICIN (Adriamycin)

By: Anthony H. Gair;

New York medical malpractice attorney elaborates on the extravasation of intravenously administered chemotherapeutic agents into the subcutaneous tissue of cancer patients undergoing chemotherapy is a known risk of treatment. The potential gravity of injury caused by extravasation is dependent upon the type of drug which extravasates. The most destructive extravasation injuries are those caused by anti-tumor drugs which bind to deoxyribonucleic acid (DNA), such as Doxorubicin, (Adriamycin) which has been a primary part of chemotherapeutic regimes since the late 1960’s. Extravasation of chemotherapeutic agents which bind to nucleic acids can lead to a prolonged course of injury. The most clinical experience has been derived from the extravasation of Doxorubicin. Rudolph, R, Larson, D. Etiology and Treatment of Chemotherapeutic Agent Extravasation Injuries: A Review. J. Clin. Oncol, 1987; 5:1116-1126. Doxorubicin causes severe progressive tissue necrosis that may involve muscles and tendons. Since no specific antidote has been developed, the recommended treatment of Doxorubicin extravasation is early excission of all infiltrated tissue. Dahlstrom, KK, Chenoufi, HL, Daujard, S. Fluorescene microscopic demonstration and demarcation of Doxorubicin extravasation. Experimental and Clinical studies. Cancer, 1990 Apr. 15; 65(8): 1722-1726.