NY Medical Malpractice-How To Find an Attorney

It's holiday time. You're sitting around the table listening to family members discuss the tragedy that has befallen on someone close to you. You hear these questions: "How did this happen?" "Why did this happen?" "Why didn't the doctor speak to us after it happened?" "What if..." Read the article to learn more...

"Please Take Over My Medical Malpractice Trial...NOW" pleads woman in middle of a trial

I received a call late tonight from a woman who was in the middle of a medical malpractice trial here in New York. She asked whether I would like to take over her case since she was unhappy with how her attorney was representing her. I told her that it would be impossible since the trial judge would not suspend her trial just to get a new attorney. Nor would the judge give her a 'do-over' because she didn't like the way the testimony was going in to the jury. The middle of a trial is not the time to realize that you don't like your attorney.

How to Hire a New York Medical Malpractice Lawyer Without Paying a Dime (upfront)

You've suffered injury because of a doctor or hospital's wrongdoing. You need to find an attorney to help you with your legal problems. How much does a good lawyer cost? How much does he want to meet with him? Will he take my case if I don't have money to pay now? Read the article to learn the answers to these questions.

Beware of the "Medical Expert" consultant

I was contacted today by a physician who claimed to do expert witness work for injured victims. He wanted some business. I asked him what his medical speciality was. Instead of a direct answer, he said he'd done consulting for attorneys before, and that if I want, I should go to his website to see what he has done.

I said "No. Tell me what your medical specialty is."
His reply- "Research."
"Are you board certified in any field of medicine?"
"No, but I help attorneys understand their case, and I don't have to be board certified to testify."
I asked, "How can you testify as a credible expert witness if you're not board certified?"
His response: "I do this all the time. I don't really testify. I help explain the case to you so you become more familiar with the medicine."
"What types of cases do you review?" I asked incredulously. "Surgery, pulmonary, cardiac, cancer..." was his reply.

I was amazed.

I then asked why I should hire him, and then have to hire a second expert to testify at trial? I only heard silence on the phone.
I asked again.
"Why should I hire two medical experts; one who reviews the case, and another who testifies?"
His reply was "Because I'm a better teacher."

"But wait," I said. "You still haven't answered my question."
"If I hire a medical expert to spend 5 hours to review medical records, and that expert feels the case has merit, I don't want to hire another expert two years later to review the case starting fresh, and close in time to the trial. That's double the work, and double the money. What do you have to say about that?"

He had no answer.
"But I'm a better teacher," he repeated.
"So are many of the experts I hire. They're clinical doctors with academic credentials who are board certified," I said.
I was getting frustrated talking with this guy.
"What good does it do for my client if you're a good teacher, but you can't come into court to teach a jury that our position is more likely right than wrong?"
His final answer was "I've been doing this for a long time, and you really should see my website."
My final reply was "Have a nice day."

The moral of the story: Don't let your medical malpractice attorney hire a "medical consultant" who does not testify, just to confirm you have a case, and then have to hire a new medical expert during your case. Make sure you hire a board certified expert in the specialty you need to review and to testify."

How To Find a Medical Malpractice Lawyer in New York

You think you're the victim of wrongdoing by a doctor or hospital.

You don't know any lawyers personally.

You don't have any friends who know a good medical malpractice lawyer.

What can you do to find a good medical malpractice lawyer?

Here are your options:
1. Look in the yellow pages
2. Watch daytime TV and wait for the loudest TV commercial screaming "HAVE YOU BEEN INJURED? IF SO, CALL ME."
3. Remember a catchy phone number from a billboard you pass each day on the way to work
4. Look in the classified ads
5. Go online and do a Google search

Let's examine each to see what information you can learn about whether a particular lawyer is right for you.

1. Yellow pages.

Look carefully at each ad to see if you can distinguish one lawyer from another. I've been in practice over 20 years and can't tell one lawyer from another. Yes, one has a full page ad; one has color; one has the total number of years all the lawyers have been in practice; another says they're open 24/7; another says they offer free parking; another says they handle 10 different types of law.

The problem with the yellow pages is that none of the ads give you any information to explain how these lawyers can help solve your legal problem.

2. TV commercials are usually 30 seconds long. They show pictures of crashed cars; sirens in the background; people in an ambulance. So what? How does that explain how they can help you? How do you know if that lawyer is right for you? I can't distinguish one lawyer from another after watching a 30 second TV commercial. How do you know if they've handled cases just like yours? What type of law firm is it- a large firm, a small firm? Who handles your case on a day-to-day basis?

The problem with TV ads is that they don't explain anything. They just shout at you.

3. Billboards: These are even worse than the yellow pages or TV ads. Why? They give no useful information. "Call Me, at 1-800-I SUE FOR YOU" or some other cheesy catch phrase. How can you tell anything about a law firm from a billboard ad? Who are these people? How many cases do they handle? How many lawyers are in their firm? Who handles my case on a day to day basis? Do they give free information in a book or pamphlet?

The problem with billboards is that unless you pass it each day, you're unlikely to remember the number. Even if you do, ask yourself what information that billboard tells you. If you simply switch someone else's name and phone number, can you tell the difference between the two attorneys? If you can't, how can you tell if that lawyer is right for you?

4. Classifieds: Again, like the billboards, these offer zero information. Who searches in the classifieds? Everyone looking for a bargain, or a used car. What information does the classified ad tell you? Nothing, except that "I'm a lawyer and here's my number."

The problem with classified ads is they don't give an injured victim any useful information that will allow them to make an intelligent decision about who to call, and who to hire as their lawyer.

5. Go online: This is the best way to search for an attorney if you don't know one. Do a google search for a medical malpractice lawyer in your State. Go onto YouTube to search for attorney videos. Look at the lawyer's website. Look critically to see what information they offer. Does the lawyer offer free reports on their website? Do they explain how lawsuits work? Do they have free informational books about medical malpractice? Do they have free video tips that help explain the legal process. Do they have more than 10 FAQ's that every lawyer seems to have? If the lawyer has video on their website, look carefully to see what information the attorney provides. Are they simply telling you how great they are, or are they explaining different types of cases they handle? Does the lawyer help you understand what an experienced lawyer looks for when evaluating a case?

CONCLUSION: Only by looking critically at the information an attorney provides online can you begin to make an intelligent decision about which attorney is right for you.

Failure to Recognize Nerve Injury Results in $1 Million Settlement

The failure to recognize that a nerve was being compressed, despite the patient complaining about symptoms of pain, numbness and tingling were ignored during a busy emergency room shift. The failure to perform surgery in a timely manner resulted in permanent damage to the nerve, the arm and hand. This case was settled during discovery and shortly before it was placed on the trial calendar.

New York Medical Malpractice-Unnecessary Gyn Surgery

Just uploaded a new informative video about a young woman who had a hysterectomy and didn't need one. Find out what the doctor told this young woman would happen if she didn't have her uterus surgically removed. Learn what the pathologist found after the surgery was over. Click here to watch the video.

New York Medical Malpractice-Your Doctor Was Sued. Is He Still a Good Doctor?

You just found out that your treating doctor was sued for medical malpractice. You do not know the details, nor do you know what injuries the patient claimed as a result of the alleged malpractice. Does the fact that your doctor was sued mean that he or she is not a good doctor? The short answer is "No," and here's why.

In this great Country we live in, an injured victim has a legal right to seek compensation from those people he believes caused him physical and emotional harm. This is true in New York as well. Our civil justice system is set up so that if you choose to bring a lawsuit against a doctor or hospital, then the "burden" of proving your case is on the person bringing the lawsuit. "That seems fair, right?"

In New York, an injured victim must show to a jury that what he is alleging is more likely right than wrong. In other words, he is not required to prove to a panel of 6 jurors that what he is saying is 100% absolutely true. Instead, he is only required to show that his version of his claim is "more likely true than not true." "But what if a juror just isn't sure about the injured victim's claim? What happens then?"

The answer is that a juror does not have to be absolutely sure. Instead, the juror just needs to determine whether what the plaintiff (the injured person bringing the lawsuit) is saying is more likely true than not true. If it is, then the jury is required to render a decision in favor of the plaintiff. During jury selection, a good trial lawyer may tell prospective jurors that "Dr. Jones is a good doctor and we are not here to dispute that. However, at a particular time, and at a particular place, this doctor was careless and that carelessness caused my client injury. When a doctor was careless, we expect that person to take responsibility for their actions."

To answer the question posed in the title of this article- just because a doctor is sued for malpractice does not mean that he is a bad doctor. This is especially true if the case has not finished and is still in litigation.

Most patients will not know what the facts of the case are. They will not know what the doctor's defenses are. Nor will they likely know the patient's injuries and whether that patient is permanently disabled. For all you know, the case may not have merit. On the other hand, it may.

The bottom line: Don't judge a person by accusations you may have overhead somewhere else. Wait for the outcome. Learn the details. If you are truly concerned, be straightforward with your doctor. Ask him directly. Ask for reassurance. The answer will help you make an informed decision about whether to continue your medical care with this doctor.

NY Medical Malpractice - 2 Reasons Why Victims Won't Recover Any Money

Even though there are still calls for "Tort Reform" the vast majority of malpractice victims in New York fail to recognize that they are a victim of medical neglect.

1. Patients don't know they are victims of medical malpractice.

Studies show that roughly 2.9 to 3.7 percent of admitted hospital patients suffer some sort of preventable injury as a result of improper medical care. Even more management-related injuries occur outside of the hospital. These injuries are a result of a physician's affirmative mistake, or that person's failure to act. Types of mistakes include errors in diagnosis, use of automated materials, and inappropriate delay of treatment.

However, one of the most common errors occurs with administering medication. Up to 98,000 patients are killed each year as a result of preventable medical errors, the eighth leading cause of death in the U.S., yet only 10,000 cases of malpractice are filed each year. In the vast majority of cases, however, the fact that a poor medical outcome was caused by malpractice is hidden from the patient.

2. No autopsy was ever performed.

Remember that we must prove both carelessness on the part of the doctor or hospital and that the carelessness resulted in death or injury. In a medical malpractice case that results in death, it is extremely difficult to prove that the death occurred because of the malpractice without an autopsy. This is because there are so many reasons why a person might have died, but we must prove that at least one of the reasons for the death was the negligence or carelessness of the doctor or hospital.

NY Medical Malpractice -3 Reasons Your Case Will Not Be Accepted

The physician or hospital's mismanagement did not necessarily cause the injury suffered.

When proving that medical malpractice was the reason why the patient suffered an injury, I must show that the treatment rendered or not rendered was a departure from good medical care. That medical neglect had to have been a cause of an injury, and the injury has to be significant and/or permanent. The attorneys for the doctors and hospital have many standard defenses such as: (1) The injury was an unforeseeable consequence of the initial condition/injury, (2) The injury was due to the patient's non-compliance with prior medical advice, (3) The risk of the patient's particular injury was a known, recognized, risk (acceptable to whom?), (4) Some other party was responsible for causing the injury, or (5) The injury was caused by a previous illness or disease.

Medical malpractice claims must show that the doctor's substandard care, more likely than not, was a substantial factor in causing injury.

The injured patient has not retained an experienced attorney.

The world of medical malpractice claims is a world unto its' own. It has its' own special rules and laws. We believe that it is imperative that an experienced medical malpractice attorney or an attorney that is 'teaming up with' an experienced malpractice attorney represent you.

The statute of limitations has expired.

This is the time a person has to start a lawsuit. The time limit is very different for a city, state or municipal hospital than it is for a private hospital or doctor. One reason that you should consult an experienced medical malpractice attorney early is to determine when the statute of limitations expires in your case! DON'T LET YOUR TIME RUN OUT without knowing your legal options!

Neurosurgery Delay Results in Pre-trial Settlement

A woman who had spinal surgery was sent home shortly after undergoing successful spine surgery.

Two days later, she was unable to move her legs and had difficulty urinating. A call to the surgeon's office revealed that the surgeon was unavailable, and he would get back to the family shortly. A repeat phone call to the doctor's office resulted in being told to wait for an available hospital bed, and that they would be called as soon as a bed opened up.

The family decided they could not wait at home as the patient's symptoms were getting progressively worse. The doctor's office had told them to go directly to the admitting office where they would wait until a bed was available. Unfortunately, this patient waited about five hours in the admitting office for a bed. During this time, she was never examined or treated by any physician.

Once the patient was admitted to the hospital, the wrong diagnostic imaging test was performed. The imaging test turned out to be inconclusive, and it wasn't until a full day later that the "gold standard" imaging test was done. This conclusively showed there was a fluid collection in the area of her prior surgery that was compressing her spine.  

The reason she had neurological symptoms was because the buildup of fluid compressed the spine. In spite of these findings, surgery was not performed immediately to remove the fluid and relieve the pressure on the spine. It was not until many hours later when surgery was finally performed and the fluid evacuated.

The patient required hospitalization and then a transfer to a rehabilitation facility. She had difficulty walking and ambulating. After a few weeks in physical rehab, she was finally sent home to recuperate.

Shortly before we were scheduled to begin jury selection on this case, all sides were able to reach a mutually agreeable pre-trial settlement. Because the terms of the settlement require confidentiality, I am unable to disclose the amount of the settlement, the people involved or where within New York this took place. 

Surgical Errors in New York

A surgical error can range from an improper procedure to an unrecognized perforation in an intestine leading to injury and death. How do you know whether a surgical error rises to the level of a departure from good and accepted practice? By having either a treating physician tell you that the treatment was improper, or having a medical expert confirm that there was improper medical care.

In New York, before an attorney is permitted to bring a medical malpractice lawsuit on behalf of an injured victim, he must have the case reviewed by a medical expert who is qualified in that field of medicine. The expert must be able to confirm that there was improper medical care; that the improper treatment caused harm, and that the harm is significant and permanent.

If any one of those elements is missing, then it will be difficult, if not impossible to bring a successful case. If the expert confirms there is a valid case, then your attorney must submit a "Certificate of Merit" which lets the Court know that you have had an expert review and confirm there is a basis for a case.

If you have questions about the care and treatment you received, and believe there was wrongdoing that cause you permanent harm, then call Gerry today to answer your legal questions at 516-487-8207. He welcomes your call. 

Sun Goes Down, Birthing Risks Go Up

When a woman goes into labor is hardly something that can be controlled. Often it happens at the most inopportune time. We have all heard at least one story of a pregnant woman traversing a snowstorm, hailing a cab, or rushing to the hospital in the middle of the night. As much as the timing of going into labor can catch a mother to be with her guard down, it can also catch hospital staff when it is down. A recent study of 700,000 births indicates that complications are much more likely at night then during the day.

Retained Lap Pad-Patient Needs 2nd Surgery To Remove

I questioned a nurse last week in a case where a sponge was left inside a patient during gynecologic surgery. She was a "scrub nurse" who assisted the doctor with instruments. It was her obligation, together with the "circulating nurse" to keep track of how many instruments were used; how many needles were used, and how many sponges or lap pads were used.

Attention PI & Med Mal Attorneys! Your Clients May Be Looking for a New Attorney

Not a day goes by without getting a call from a disgruntled client asking if I would be willing to take over their case from another attorney.

One of the first questions I ask this person is "Why do you want to switch attorneys?"

The response is usually one of two possible reasons:
1. The original lawyer has withdrawn from their case or
2. The client is unhappy with what the lawyer is doing, or in some cases, not doing.

When a lawyer withdraws from a case in New York, he must get permission from the Court to withdraw as the attorney. The Court will then give the client ample time in which to try and find another attorney to continue the case.

Clients may not realize it, but when an attorney withdraws from a medical malpractice or a negligence case, the defense knows that there must be some problem either with the merits of the case, or a conflict between the attorney and client that cannot be resolved. In either situation, it sheds a cloud over the case. A new attorney taking over the case has many intangible obstacles to overcome.

Just this week a potential client asked me to take over her case telling me that she had an "excellent case." Her attorney had withdrawn and now she had all the records to give to the next attorney.

When I asked why he withdrew, the response was "Well...he and I didn't get along."
"He didn't want to do what I asked him to do..."
"He wasn't really doing anything on my case..."

I informed this woman that it is my policy that I do not take over a case when another attorney has withdrawn. I do not need to inherit a whole host of someone else's problems. Her response was "There are no problems with my case. Only with my attorney."

What type of client do you think this person would be?

When the client is unhappy with what the lawyer is doing, it's usually because there is a lack of communication. I will always suggest that the client sit down with their attorney and have a straight-forward conversation about their concerns. An open line of communication with the attorney is vital. Stay in the loop, keep informed, and ask your attorney for regular updates.

NY Accidents & Injuries- "Why Isn't The Store Responsible For My Injuries?"

I was asked this question today by a very educated man. He knew someone who had walked into a store, gotten hurt while taking something off a shelf, and assumed that the store was totally responsible for the other man's injuries.

I asked "Did the store know about the dangerous condition before this man pulled the object off a shelf?" "Why is that important?" asked this intelligent young man.

It's important because in the legal world, in New York, I must be able to prove that the store had "Notice" about a dangerous condition and that the store failed to time act to correct the problem before someone got hurt. This man felt strongly that the store should be held accountable for any injury or accident that takes place within its' premises. An encouraging thought for an injured victim, however, that is not what the law says.

In order to hold a store responsible for an accident that causes injury in New York, the employees of the store had to know about the dangerous condition and fail to timely fix the problem. If the people who worked in the store did not know about a dangerous problem, how then can they be held accountable for any injuries that happen while in the store?

There is another instance where a store will be found responsible for injuries arising out of an accident. Let's say that a dangerous condition existed for a lengthy period of time, so that "everybody" who went by that area of the store knew there was a problem, yet nobody fixed it.

Where the defect is present for such a long period of time, the law says that the store, or its' employees are deemed to have "Constructive Notice" of the defect, and they should have fixed it long ago.

Here's a good example: You're in the produce section of your supermarket. A shopper immediately in front of you accidentally drops a few grapes, and seconds later you step on it. You fall and fracture your leg. Is the store responsible? In New York, the answer likely is no. Why not? Because the people who worked in the store didn't know, and didn't have enough time to know of the dangerous condition. Therefore, there was no way they could have cleaned up the grapes before the accident happened.

Ok, here's another example: What if a shopper accidentally knocks a jar of tomato sauce to the ground, causing the jar to shatter and tomato sauce to splatter all over the aisle. Suppose that ten shoppers reported the damaged jar with sauce on the floor, and after ten minutes nobody has cleaned up the mess. Along comes some oblivious shopper, mindful of only herself and her grocery list.

You know what's going to happen, right? She slips, falls, and fractures her hip. Is the store responsible? As long as we could prove that the store had a policy of cleaning up their messes within minutes of being notified, then a gap of ten minutes without a clean-up might be construed as showing they had sufficient time to clean up the problem and failed to do so.

The bottom line is that when an accident happens in a store, you must notify the management immediately; have them complete a written report, and you should immediately go to the hospital for treatment if needed.

NY NEGLIGENCE LAWYER-The Large Law Firm Trap

You suffered a terrible accident. You have been in the hospital for weeks now. Your family is angry that you are now physically disabled. You wonder when, if ever, you'll be able to return to work. Physical therapy is not helping much. Your treating doctors are not that encouraging. You fall into a state of despair. You know you want to sue the driver of the car that hit you and caused all these ailments, but you do not know a New York accident attorney. Nor do you have any friends who know a good attorney they could recommend.

NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR

You were on your way to work that morning, and never saw him blow past the stop sign without ever slowing down. 1. You can’t believe he destroyed your car. 2. You can’t believe you had to be removed from your car with the “Jaws of Life” that the fire department uses to open crushed cars. After being taken out on a backboard and having your head, neck and body strapped to the board and placed onto a stretcher in the ambulance, you still can’t believe you had to go to the emergency room.

Are You The Perfect Client?

Every person who calls my office thinks that they are the perfect client.
Every person truly believes they have a valid case.
Every caller believes their injuries are worth more than the national treasury.

From an attorney's perspective, just who is the perfect client?

A perfect client is one who is willing to listen.
A perfect client is one who is willing to learn.
A perfect client is one who is willing to go on a stressful journey with someone they trust as their legal guide.
A perfect client it one who communicates with me.
A perfect client is one who does not demand, yell, scream or give ultimatums.
A perfect client is one who, after listening to my lawyerly advice, makes an intelligent decision about how to proceed, regardless of whether they agree with my advice or not.
A perfect client is one who responds to my letters, emails and phone calls.
A perfect client is one who is helpful and assists me when I prosecute their case. 

A perfect client respects me, my time and my secretary.

Does every client have to be the perfect client? No. But having a perfect client makes the attorney-client relationship that much more enjoyable.