Articles Posted in Medical Malpractice

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With LASIK vision correction, the surgeon uses a special laser to reshape the eye’s cornea. Doing so can often eliminate the patient’s need to wear glasses or contact lenses. Unfortunately, some patients also experience severe complications of laser eye surgery that can even result in vision loss. Review the most common type of LASIK surgery injuries and learn how these issues occur.


A pair on eyeglasses being held up in front of an eye exam
Sometimes, the surgeon removes too much tissue from the cornea during the reshaping process. Doing this can result in nearsightedness when the patient was previously farsighted. While under-correction can often be fixed with a second surgery, overcorrection may be permanent. The patient can sometimes undergo a second surgery to fix overcorrection but usually continues to need corrective lenses.

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Stethoscope laying on a wood table

A study conducted by researchers at the Johns Hopkins University School of Medicine indicates that over 250,000 people die each year due to various medical errors. While most medical procedures are intended to improve the health of a patient, a small mistake in their medical record could lead to severe consequences. If a physician’s negligence causes wrongful death or harm to an individual, the family or patient can sue the party at fault for medical malpractice. Below is an explanation of how medical errors occur and how they get reviewed in a malpractice case.

How Do Errors in Medical Records Result in Malpractice?

All records regarding a patient’s history play a significant role in determining what kind of medical attention they receive. Physicians always reference a patient’s file when they administer treatment. If there was a mistake when the initial diagnosis was made or transcribed, this could affect the patient’s care by allowing their condition to get worse or causing them to undergo unnecessary medical procedures.

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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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