Articles Posted in Medical Malpractice

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Childbirth is a moment that every parent looks forward to. Unfortunately, things might not always go as anticipated. Injuries to newborns as a result of medical negligence can and do happen. If parents suspect their child suffered birth injuries due to medical malpractice, then a file can be claimed against the doctor and the hospital where the delivery took place. This may help to ensure that clients get justice and compensation for the pain and financial losses presently and concurrently incurred.

What Are the Common Signs to Look for?

A female patient sitting on a medical bed

While some signs of birth injuries may be easily noticeable after delivery, others may not be present until later on in the baby’s development. Also, while some symptoms may indicate a birth injury, they may also indicate other health problems. The following are symptoms that should require immediate attention:

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LASIK, short for laser-assisted in situ keratomileusis, can be one of the safest eye surgeries currently available. First approved by the FDA in 1999, the operation is designed to help treat myopia, astigmatism, and hyperopia. The success rate for LASIK is 96%, according to the Journal of Cataract and Refractive Surgery. However, like any surgery, there can still be unforeseen complications, particularly in instances of medical malpractice or negligence occurring during the surgery. Medical malpractice may include misdiagnoses and the use of unqualified medical personnel.

What Are the Risks Involved?

A close up of a woman's blue eye

While it isn’t uncommon for patients to experience problems within the first few weeks or months as their eyes adjust to the procedure, including temporary dry eyes, halo vision, or lessened night vision, there have been reports from patients of itching, burning, and decreased vision, according to a report by WebMD. This can result from nerve damage that happened during surgery. During the procedure, the doctor uses a laser to destroy a portion of the cornea and then reshapes the cornea, altering the way that light focuses on the retina. Further, the FDA has admitted that because the procedure is relatively new, its long-term results are unknown.

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In 2012, many women came forward to report various complications regarding transvaginal mesh implants and related devices used to treat pelvic organ prolapse (POP) and other conditions. Since then, over $1 billion has been awarded to patients who experienced these medical complications. The most common lawsuits manufacturers face are mesh erosion complications, and the FDA has even gone as far as to ban the material completely. But what causes mesh erosion complications, who’s at fault, and who’s eligible to file a claim?

What Causes Mesh Erosion Complications?

An operating room filled with surgeons in the middle of surgery

In short, the term “mesh erosion complications” refers to the breaking down or wearing away of the synthetic surgical mesh used to treat pelvic organ prolapse and stress urinary incontinence (SUI). When this happens, the mesh can become exposed and cause damage to the bladder or urethra, perforate the bowel or vagina, or cause the recurrence of vaginal or uterine prolapse.

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Daniela F. Henriques, managing partner at Leav & Steinberg LLP, recently successfully defeated defendants’ respective motions to dismiss the complaint on the issue of serious injury/threshold.

Assessing the Extent of the Injuries

Court columns representing the services of personal injury attorney office Leav & Steinberg LLP in New York, NY
Plaintiff’s Bill of Particulars alleges post-concussion syndrome and injuries to the cervical spine, lumbar spine, right knee, and right shoulder. In support of their motions for summary judgment, defendants submitted the medical affirmations of J. Serge Parisien, MD, Vladimir Zlatnik, MD, and Michael Setton, MD. Dr. Setton reviewed MRIs of plaintiff’s cervical spine, lumbar spine, and right knee, as well as an arthrogram of his right shoulder, finding degenerative disc disease in plaintiff’s spine, unrelated to any trauma, and finding degeneration and evidence of prior repair in plaintiff’s right shoulder and knee, unrelated to the subject accident.

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Undergoing surgery only to find the results are incorrect, flawed, or even harmful can be devastating. In these cases, many patients may qualify to file a medical malpractice suit.

What Qualifies as Medical Malpractice?Two medical professionals working on a patient

Although malpractice is any negligent or illegal activity in medical treatment, not all mistakes qualify for medical malpractice suits. In general, mistakes are only considered malpractice when they cause harm or additional injury to a patient. These injuries may be the result of errors or negligence in diagnosis, treatment, or aftercare, but only the following are generally considered to be surgical malpractice.

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The joys of childbirth are among the highest highs a person can experience in this life. But, with the human condition being what it is, even these wonderful moments are tinged with anxiety at the thought of bringing something so precious and delicate into the world. Too often parents are forced to deal with the agony of an infant’s health issues, whether permanent or temporary. While many of these health issues cannot be blamed on anyone, there are some cases where a neonatal condition is caused directly or indirectly by medical practitioners failing to conform to a reasonable standard of care. Erb’s palsy is one such condition that may justify medical malpractice claim.

What Is Erb’s Palsy?

Chubby baby arm

Erb’s palsy is a condition that affects one to two newborns out of every 1,000 born in the United States, according to the American Academy of Orthopaedic Surgeons. The condition is also known as shoulder dystocia or brachial plexus palsy, and it occurs as the result of injury to the arm’s major nerves. When these nerves are damaged, the arm loses sensation and motor function.

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It was just over 20 years ago that Daniel Leav & Edward Steinberg decided to venture out on their own and start a firm.  For several years it was just them and a small support staff; employee #1 hired in October 1999 and still with the firm today.   The firm has grown into a staff totaling 25 employees including 9 attorney’s.  We proudly celebrate our 20th anniversary in 2019.  As a measure of our success, the firm continues to get most of its clients from old happy clients as well as from other attorney’s who wish to have Leav & Steinberg, LLP handle their personal injury matters.

We are also proud to advise that we started off this year with record number of resolved matters including several million dollar cases.  Some of interest are:

$2.3 million for a  NJ resident, in his mid 20’s who was struck by a Canadian truck while driving on the NYS Thruway.  We were able to bring this action in the Southern District of New York and the matter proceeded to trial before being settled at private mediation.  The client had sustained a shoulder injury and also underwent a lumbar surgery.  The matter was referred to us by a NJ Law Firm that realized that while they could handle the matter in Federal Court, they wanted the expertise and experience of Leav & Steinberg to maximize the recovery for the client.

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Partner Edward Steinberg, presented the Legistlative Update at the Decisions seminar held in Westchester County.   Each year, the New York State Trial Lawyers Association, holds a conference where attorney’s in the field of negligence law speak on varying topics and recent updates.  Last month, Edward Steinberg of Leav & Steinberg was selected to speak on the legistlative changes in New York.  Many of these changes are critical to helping those victims injured as a result of the negligence of others.

Among the most important changes was the change in the law called Laverne’s Law.

Lavern’s Law was recently signed into law by Governor Cuomo on January 31st, 2018, after recent Senate (53-1) and Assembly (104-8) amendments were passed on Tuesday, January 30, 2018.

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Though our country has gone through a turbulent time with the recent election, we understand that many have become frustrated and upset with even discussing the topic of government and politics.  However, it has come to our attention that certain elected government officials have put forth a bill which would severely curtail the rights of all citizens and reduce our access to the Court system as well as the right to receive fair and adequate damages for serious injuries.

This week, the House will vote on a number of bills that will make it difficult for accident victims to seek justice in our nation’s courts. If these bills pass, it will make it nearly impossible for Americans, who are injured in accidents, and their families to pursue legal action. The so-called “Protection Access to Care Act of 2017” [H.R. 1215] will rig the system against us by allowing insurance companies and big corporations to prevail.

You can view the details of the bill by clicking on   HR 1215 Bill.   As you will note, the bill, sponsored by big business and the insurance lobby, sets a cap of $250,000 for all claims of pain and suffering for any person bringing a Health Care Lawsuit.  Such a lawsuit will include all claims of medical malpractice, nursing home negligence and any other claim involving any other health care provider.  If we stop for just one moment and think about this.  An elderly woman who is caused to sustain serious and permanent bed sores while in a Nursing home and suffers for 2 years in awful pain, undergoing debridement (scraping of the necrotic skin) procedures will be limited to $250,000.00 in damages.  A child who suffers a loss of oxygen due to delay and error by the doctor and nurses while being delivered and is rendered handicapped and special needs for the rest of their life; will be limited to $250,000 for their pain and suffering.

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In the Medical Malpractice arena, Plaintiffs routinely face an uphill battle.  From inception, the defendants always seek to limit our claims, and create defenses in hope of proving that the conduct of the doctor/hospital/staff was within the accepted Standard of Care.  When all discovery is complete, we find that defendants and their counsel are making Summary Judgment motions.  A motion for Summary Judgment is a motion before a trial that is made before the assigned Judge.  The defendant submits legal papers and expert affidavits stating that based upon all the evidence the Court should dismiss the case as Plaintiff can not prove that the case has meritorious arguments and should go before the jury.

The Plaintiff’s bar face these motions more and more frequently.   We vigorously oppose these motions with our own experts and affidavits.

This past month, the Medical Malpractice Unit at Leav & Steinberg, LLP was successful in defeating two motions for Summary Judgment on significant cases.