Child Chemotherapy Mishap

Most of us have had a family member or loved on go through a battle with cancer. While some people are fortunate enough to be victorious, others are not. Although most cancers affect people later in their lives, some people face the disease while they are still children. Children who suffer from cancer have some things working in their favor, namely their energy and ability to quickly recover from trauma. However, their smaller bodies make administering medicines such as chemotherapy more difficult.

Residents Performing Unsupervised Operations

What happens when doctors-in-training perform surgery unsupervised? Think it doesn't happen? Think again. As more hospitals cut back on expenses, training and personnel, who do you think suffers the most? The nurses? The technicians? The doctors? Wrong. The patient suffers. Read the article to learn why.

NY Medical Malpractice lawyer has solution for medical malpractice

Have you ever wondered why there's so much friction between lawyers and doctors? Doctors don't like lawyers, believing that we are evil and only look to sue undeserving doctors. Lawyers believe there are doctors in practice who are truly harming patients. The friction can be palpable. One smart lawyer has the answer that will solve the problem...

Mysterious Pain or Telltale Sign? Should Doctors be Liable for Failing to Diagnose Illnesses?

What is the most important tool in communication? Speaking? Writing? The most important tool in communication is listening. When patients communicate with their doctors, this is what they should be focused on, listening. Doctors are taught in medical school to listen carefully to what complaints the patient has since the patient is in the best position to tell them what’s going on.

Excessive Radiation Kills 2 New York Patients

Today, January 24, 2010, the New York Times exposes two severe instances of cancer patients in New York, who died not of their cancer, but of excessive radiation doses to TREAT their cancer. This is a moving video.

"Almost" Doesn't Count

I often get calls from potential clients telling me that because of some doctor's wrongdoing they "almost" died. Luckily for them, "almost" doesn't count. Some callers say they almost suffered permanent harm from carelessness of a doctor or nurse. Again, "almost" doesn't count.

"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.

How to Start a Medical Malpractice Lawsuit in New York

Ever wonder how exactly a medical malpractice case gets started in New York? Reading this article will take you through the different steps an attorney needs to evaluate once you walk into their office. Take a look.

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 Does a New York Medical Malpractice Lawyer Prove Your Case?

A New York medical malpractice attorney must be able to prove three things: (1) Liability, (2) Causation and (3) Damages OK, but what does that really mean? (1) Liability means that we must be able to prove "with a reasonable degree of medical probability" that the doctor or hospital who treated you "departed from good and accepted medical care." "What does that mean?" It means that we must prove that we are more likely right than wrong that the doctors who cared for you did not treat you properly and in accordance with the standard of care that other physicians with the same specialty would use to treat your problem. In New York, we are required to have a medical expert confirm that the treatment was inappropriate and explain how and why. (2) Causation means that our medical expert must be able to say, again, that what he is saying is more likely right than wrong, and that the medical wrongdoing or carelessness was a cause of your injuries. "In human language please..." Our expert must be able to connect the dots to this puzzle. He must be able to show that the medical wrongdoing was a cause of your injury. If he is unable to show that the wrongdoing caused your injury, you will be unable to prove your case. "What if there are multiple causes of my injury? Does he have to show that the wrongdoing caused all of them in order for me to prove my case?" No. We are not required to show that the doctor's carelessness was THE cause of your injury, only that is was A cause of your injury. The distinction is very important. (3) Damages mean injuries. "Well, why didn't you say that to begin with?" In law, specific words have certain meanings. Our expert must prove not only that there was medical wrongdoing and that the wrongdoing caused injury, but we must also show that your injury is significant and/or permanent. We use your treating doctors to explain to a jury what injuries you suffered. If your treating doctors are unavailable, we use medical experts to describe to the jury the extent of your disability and permanent problems. CONCLUSION: Once we have proven these three requirements, we will be able to have a jury decide whether we have successfully proven our case, and if so, how much money to award to you as appropriate compensation.

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.

Emergency Room Doctor explains what she did to treat a shoulder dislocation

Read actual pre-trial testimony given by an emergency room physician about how a young man who came into an emergency room with a complaint of shoulder pain, left the hospital crippled.

Learn how this doctor "reduced" the patient's shoulder dislocation and what happened after that. Miscommunication between attending phsyican, radiologist and resident led to a delay in diagnosis of a significant and permanent nerve injury.

Doctors Gone Wild

Gerry's new book, DOCTORS GONE WILD, is an insider's view of medical malpractice cases here in New York. Reading this book you’ll learn 10 Reasons Why You Shouldn't Sue Your Doctor. You'll learn about a Urology Disaster, a Dental Implant Nightmare, a botched breast reduction surgery. Find out whether a doctor who perforates your colon during colonoscopy is responsible for your injuries. Learn about a failure to diagnose ectopic pregnancy, failure to diagnose lung cancer, emergency room mistakes and much much more. If you live in New York, and want to learn about medical malpractice cases in New York, you can download the book immediately, for FREE! Just click here and enter your information.

You've Got to Read This- Jury Duty Causes Disbarment of Calif. Lawyer

The Recorder

Mike McKee

March 11, 2009

Changing his vote during jury duty so he could get back to his busy law practice has come at a high price for San Francisco solo Francis Fahy and possibly placed him into a category unique unto itself. 

A California State Bar Court review panel on Friday upheld disbarment (.pdf) for the 19-year lawyer after finding he violated his oath as a juror and then compounded the problem by lying to the trial court judge when confronted.

Read the entire article here. 

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.

2 Questions Every New York Medical Malpractice Lawyer Needs To Ask?

Many calls I receive are from potential clients who want to know if they have a valid medical malpractice case. These callers want to tell me their story, but sometimes the story rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible I tell them to stop and list to this two-part question:

"What do you think was done wrong that caused you permanent harm?"

That question usually stops most callers cold. They pause to think about the permanent injury they may have suffered.

Most callers have no problem explaining how they feel a doctor or hospital did something wrong. However, when asked to link the wrongdoing to the permanent injury, many callers simply get stumped, finally recognizing that they may not have a potential case here in the State of New York.

The two-part question listed above has, contained within it, three elements needed to prove a successful case. In every medical malpractice case in New York I must be able to prove that
1. There was wrongdoing,
2. The wrongdoing caused injury, and
3. The injury is significant and permanent.

Lots of callers can talk at length about elements number one and two, but when they think about the permanent injuries, many realize that they simply don't have any long-term permanent injury. It is also important for any lawyer to speak to, to inform you that in New York, all three of the elements needed to prove a malpractice case must be confirmed by a medical expert who has either treated you, or reviewed all of your medical records. If any one of those elements is missing, then there's no way to prove your case.

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 -Does Obnoxious Doctor or Small Injury=Compensation For Victim?

1. A physician's poor bedside manner does not constitute negligence.

In the vast majority of cases, even extremely poor bedside manner cannot be considered in determining whether a physician was legally negligent in providing treatment. We have reviewed many cases where arrogant doctors provided care and the patient was injured. It just doesn't matter legally that the doctor was a jerk. We must prove, with expert medical opinion that the treatment departed from good and accepted medical care; that such care was a substantial factor in causing injury and that the injury is significant and permanent. Bedside manners are not, in and of itself, part of the formula that a jury will use to establish responsibility. 

2. The patient suffered no significant damages.

If the victim suffered minor injuries, the legal system is not set up to handle small medical malpractice cases. We decline hundreds of cases a year where it appears that the doctor was careless but the resulting injury was not significant. A pharmacist may incorrectly fill your prescription, and you might get sick for a few days. If you have a good recovery, however, you probably don't have the basis for a case. That's because the costs of pursuing the case will be greater than the expected recovery. Our Court system may not be perfect, but it does act as a filter to keep out all but the most serious cases of medical malpractice.

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. 

Kidney Cancer-Losing a case you should have won

There are few things more frustrating to a trial attorney than losing a case he should have won. Obviously, there are never any guarantees when taking a case to trial. However, in the recent case involving a failure to timely diagnose kidney cancer resulting in death of a 60-year-old man in Queens County this is exactly what happened. Mr. Liew needed a kidney transplant. The kidney he received had unknowingly had cancer.

Spinal Injection Causes Paralysis

One of the few comforts that a patient can rely on when undergoing a major procedure is that they usually get to meet and talk to the doctor who will be performing their operation. When that trust is betrayed, patients have a right to be upset. For example, a man was admitted to a hospital to receive an acrylic injection to his spinal column. The procedure was supposed to help the man with his back pain. The man decided to undergo the procedure after discussing the risks with his doctor. After the procedure, the patient was paralyzed. Apparently the injection was performed incorrectly and the inserted fluid spread to inappropriate parts of the spine. Additionally, the patient found out that the doctor who performed the operation was not the one that he consulted with.

Sepsis Misdiagnosis

Most patients do not have any background in medicine and even one’s that do, usually blindly rely on a doctor’s diagnosis and suggested treatment when confronted with a medical problem. But what happens when the doctors get it wrong? What happens when they miss a diagnosis and fail to provide necessary treatment?