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Common Causes of Medical Malpractice

In order to win a medical malpractice case in New York, your medical malpractice attorney must help you prove that your medical-related injury occurred as a result of the following factors:

1) That a medical professional responsible for your care deviated from the standard of care (negligence).

2) That the departure substantially caused and/or contributed to your injuries.

3) That the injuries you’ve suffered are permanent, significant, lessen your quality of life, limit your ability to work and earn a living and cause you long-term pain and suffering.

All of these conditions must be proven by an expert physician who has either treated you and can confirm each aspect of your case, or by an expert who has reviewed the records and can confirm each element of your medical malpractice claim. Read more below about the four most common causes of medical malpractice injuries, which include misdiagnosis, surgical error, infection and medication errors. You will also find information about New York’s statute of limitations on medical malpractice claims.

Misdiagnosis and Failure to Diagnose Illness

One of the most common causes of medical error occurs not when doctors actually do something, but when they don’t. Under the current HMO model of healthcare, doctors are often placed in positions where they must make monetary decisions about a patient’s health. The insurance companies encourage doctors to seek ways to save money wherever they can as they administer care, rewarding those who make the effort, and reprimanding those who don’t. In many cases, when doctors and medical specialists’ rates of service consistently cut into profit, insurance companies will offer only partial payment of claims or deny payment altogether, forcing doctors to write off surgeries, operations and examinations of patients as bad debt. Clearly, doctors have important incentives to play by their insurance company’s golden rules, the most important of which is thriftiness.

The most common cases of misdiagnosis occur when costly medical tests are skipped or when data from test results is overlooked or misdiagnosed as a less serious condition than it truly is. Doctors, surgeons and other healthcare professionals often fail to identify and diagnose a patient for an adverse health condition or illness. When this happens, the damage caused to the patient’s health becomes irreversible, leading to chronic pain, sickness or death that could have been prevented.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases where a doctor or medical specialist’s failure to diagnose a condition or illness led directly to a worsened condition or death. Many of his cases involved failure to diagnose dangerous but treatable illnesses, including failure to diagnose lung cancer, colon cancer, bladder cancer, brain tumors, pneumonia, periventricular leukomalacia, ischemia, asbestosis and mesothelioma.

Surgical Errors and Anesthesia Errors

Another drawback of healthcare under the HMO model is the pressure HMOs exert on doctors, surgeons, and medical professionals to work longer hours with less support, more patients and cases, higher insurance rates. While these conditions may save hospitals and insurance companies money in operational costs, they don’t bode well for the typical patient in need of high quality medical care. This increased stress only adds to one of most stressful professions

The healthcare profession has always been busy, but perhaps never more so than today, as many doctors, surgeons, nurses and medical specialists average 60 to 70 hour work weeks. First and second year residents of hospitals (the youngest and most inexperienced doctors) typically carry the largest workloads on a hospital’s medical staff, often facing sleep deprivation of more than 30 hours. To combat the significant stress that comes with the medical profession, many doctors and medical professionals succumb to substance and alcohol abuse.

Under these conditions, it’s easy to understand how so many fatal and injurious mistakes and errors occur everyday in our operating rooms throughout New York. Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of surgical and anesthesia errors. Through his counsel, New York families have pursued compensation for surgical errors that resulted in blindness, hypoxic and anoxic brain injuries, torn and perforated organs, spinal cord injuries, paralysis and amputation. 

Don't take our word for it. Here's what one family had to say about Gerry: 

"We are very happy with the settlement that you obtained. This was a great accomplishment that was made possible by your dedication and experience. Your sincere and caring manner helped to make this experience easier than expected. We truly felt as though we were being helped by a good friend and this case was not just another file number. We would be happy to recommend you to anyone. You've been great! Thanks for everything." Victor & Lucianna Aiello, Brooklyn, NY.

As an attorney with extensive experience prosecuting cases for surgeries that pose significantly higher risks for patients, Gerry has extensive experience in cases involving surgery punctures, surgery perforations, and injuries that often occur during a colonoscopy, laparoscopy or laparotomy procedure. He has also represented injured victims in cases involving doctor error, malpractice or negligence in gynecology, obstetrics, orthopedics, gastroenterology, ophthalmology, cardiology, internal medicine, vascular surgery, dermatology, neurology, neurosurgery, plastic surgery, oncology, general surgery, emergency medicine, family practice, chiropractic errors, radiology, critical care medicine, pathology, anesthesiology, pediatrics, urology, dentistry and podiatry.

He has also handled numerous cases involving improper administration of anesthesia that have needlessly resulted in serious brain damage, paralysis and death for residents of New York.

Infections and Bleeding

During surgeries in operating rooms, maintaining a clean and sterile environment at all times is critical to preventing infection. The human body’s internal organs are extremely susceptible to infection during an operation, and failing to take the proper steps to ensure a sanitary operating room environment has often proven fatal to patients. Blood transfusion related injuries are also common, particularly when patients are given the incorrect blood type in emergency medical situations. Whenever possible, all patients should be closely monitored to prevent infection and excessive bleeding, but too often these basic precautions are neglected by surgeons, nurses and other hospital support staff.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of medical malpractice due to infection and bleeding. Through his representation, New York families have successfully pursued compensation for doctor’s errors that have led to fatal and debilitating cases of infection in pregnancies and other types of surgery. If you or a family member has suffered due to an infection caused by a negligent medical professional, you deserve compensation. Call Gerry today.

Medication Errors

An increasingly common form of medical malpractice involves medication errors. Medication errors include incorrect medications, incorrect doses of medications, incorrect combinations of medications, or medications that the patient is allergic to. Medication errors also occur when the pharmacies or pharmacists filling a prescription give patients the wrong medicines.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of medical malpractice due to medication errors. He has successfully represented residents of New York in cases against pharmacies, pharmaceutical companies and prescribing doctors, and if you live in New York, can help you with your medication error claim today.

New York’s Statute of Limitations on Medical Malpractice

In New York, you generally have 2 ½ years from the date of the malpractice incident within which to file a medical malpractice claim. However, there are certain exceptions. If the medical malpractice incident occurred at a municipal hospital or clinic, the time to file the claim is usually restricted to just 90 days from the date of the malpractice. In some cases, a knowledgeable attorney can help you apply to the court to file a late claim. Every medical malpractice case is different, and a knowledgeable attorney can help you weigh every legal option available to you. Contact Gerry today for a free consultation about your medical malpractice claim. 516-487-8207

Blog for Medical Malpractice

• How Do You Prove Liability in a New York Medical Malpractice case?
• New Hospitals Collective Seeks to Improve Services on LI East End
• Why do Upstate Doctors Pay Less for Medical Malpractice Insurance Than Do Downstate Doctors?
• New Study Links Acid Reflux Rx to Bone Fractures
• Bullying a Cause of Medical Errors; Report on NY Times Op-Ed Piece
• Hospital bigwigs earn big bucks while your health insurance premiums skyrocket
• Diabetics: Top 10 Strategies for a Successful Vacation
• Is this the end of medical malpractice lawsuits in New York?
• Medical Practice Guidelines-Are They Useful?
• MRSA Infections-Are They a Big Deal?
• Filing Complaints against Hospitals: How to Be an Effective Advocate
• Child Chemotherapy Mishap
• Diseased Heart Transplant
• Residents Performing Unsupervised Operations
• Gerry Oginski wins $1.5 Million Verdict in Podiatry Malpractice Case
• NY Medical Malpractice lawyer has solution for medical malpractice
• Mysterious Pain or Telltale Sign? Should Doctors be Liable for Failing to Diagnose Illnesses?
• Why Getting Sick at St. Vincent's Hospital In New York City May Be Hazardous To Your Wealth
• New Jersey Lawyer Liable for Not Telling Medical Malpractice Clients of Settlement Offer
• MEDICAL MALPRACTICE IN NEW YORK; FACTS AND TRENDS

Library for Medical Malpractice:

• Failure to Diagnose Cancer Case-How Does It Work?   
  You have just been diagnosed with an advanced form of cancer. In the back of your mind you believe that your doctor should have recognized your cancer earlier. What do you do?
  
  Here's what I look for when evaluating a failure to diagnose cancer case:
  I must be able to prove, that we are more likely right than wrong, that improper medical care resulted in significant and permanent injury to you. Each of those factors must be confirmed by a medical expert who has either treated you or reviewed your records.
• 5 Important Ways To Protect Yourself in a Hospital   
  If you wind up in an emergency room this holiday season, get a family member to the hospital ASAP. Why? Simple. You need an advocate in your corner. Not a lawyer, but someone who will ask questions; someone who will questions the nurses and doctors about your condition, your medications and your treatment.
• 7 Deadly Mistakes of Medical Malpractice Victims [PDF]   
  Is it worth an hour of your time to avoid the mistakes that most medical malpractice victims make? Upstate New York medical malpractice attorney John H. Fisher tackles the most common mistakes that injured malpractice victims suffer. Read his educational book to understand how to protect yourself by becoming informed about how these cases work in the state of New York.
  
  John is a well-known attorney who practices law at the law firm of
  
  Mainetti, Mainetti & O’Connor, P.C.
  303 Clinton Avenue
  P.O. Box 3058
  Kingston, New York 12402-3058
  845-331-9434 (work)
  845-331-2004 (fax)
  jfisher@mmolaw.net (e-mail)
  www.protectingpatientrights.com (website)
• Misplaced Feeding Tube Results in Death [PDF]   
  Today's tip is about the improper placement of a feeding tube resulting in death. Now, a feeding tube is designed to provide you with total nutrition in the event you are unable to eat on your own. And when they provide it, it comes pre-packaged and it's supposed to have all the nutrients that you need in order to sustain you. It's very high in fat. It's high in protein. And, typically, it's supposed to be put into the belly, into the stomach or in the area that's going into the stomach.
• Misplaced Feeding Tube Results in Death [PDF]   
  Today's tip is about the improper placement of a feeding tube resulting in death. Now, a feeding tube is designed to provide you with total nutrition in the event you are unable to eat on your own. And when they provide it, it comes pre-packaged and it's supposed to have all the nutrients that you need in order to sustain you. It's very high in fat. It's high in protein. And, typically, it's supposed to be put into the belly, into the stomach or in the area that's going into the stomach.
• Misplaced Feeding Tube Results in Death [PDF]   
  Today's tip is about the improper placement of a feeding tube resulting in death. Now, a feeding tube is designed to provide you with total nutrition in the event you are unable to eat on your own. And when they provide it, it comes pre-packaged and it's supposed to have all the nutrients that you need in order to sustain you. It's very high in fat. It's high in protein. And, typically, it's supposed to be put into the belly, into the stomach or in the area that's going into the stomach.
• The Doctor Hierarchy; What's a "Resident?" What's a "Fellow?" What's an "Attending Physician?" [PDF]   
  Today's tip answers the following three questions. (1) What is a resident? (2) What is a fellow? and (3) What is an attending physician?
  
  (1) A resident is a doctor who's beginning their post graduate training after medical school. Depending upon the type of residency that they're in, that will determine the number of years that they must spend in post graduate training. For example, a medial resident spends three years of additional training after medical school. An obstetrician/gynecologist spends four years of additional training. There are some surgeons and sub-surgical specialties that spend anywhere from five to seven years in post graduate training.
• Eyelid Surgery Gone Bad [PDF]   
  Today's tip is about plastic surgery, specifically eyelid surgery. Now, many times somebody who goes for eyelid surgery will have one of two problems. Either the eyelid will be drooping or they want the eyelid to be tighter so they can look a little big younger.
  Well, what's the problem and why would they come to an attorney once they've had this surgery?
• Cost-Containment and the Need for Medical Justice Reform [PDF]   
  I was reading a medical journal, Obstetrics & Gynecology, March 2010 edition when this article hit me right between the eyes. It was written by a lawyer talking about containing costs in health care today; an evaluation of ways to limit costs and change hour health care system.
  
  After reading the article I was so infuriated that I felt compelled to reply to the bias voiced in the article. Read my reply, then click the link at the bottom to read the article in its' entirety.
• Medical Malpractice in New York; Facts and Trends [PDF]   
  FACT: Patients sue doctors and hospitals. They’re unhappy with the outcome of a procedure; they’re upset because a doctor misdiagnosed their condition and now they have a permanent injury or disability. That’s a fact. However, the facts and trends show an entirely different story.
• Defense Lawyer Claims Medical Malpractice Case Untimely [PDF]   
  While searching on Google Scholar for a legal decision, I came across a case I successfully handled years ago. The decision details the great efforts made by defense counsel to dismiss our case for allegedly being untimely. Read the trial judge's decision to see whether the defense was successful and why.
• THE INSURANCE HOAX: HOW DOCTORS AND PATIENTS PAY FOR THE HUGE EARNINGS OF MEDICAL MALPRACTICE INSURERS You must read this powerful article if you have any opinion of "tort reform" or "health care reform." [PDF]   
  Do you think "tort reform" will lower health care costs? If you do, you're wrong.
  Do you think that "health care reform" will allow medical malpractice insurance companies to charge less insurance premiums for the doctors they insure? If you do, you'd be wrong.
  Read the article to learn how medical malpractice insurance companies earn their money and report their profits. It's truly an eye-opening read.
• If you want a law firm that's like Walmart, you can find them in most any City. If, instead, you want personal attention from the senior trial lawyer, then I suggest you speak to a solo practitioner with experience handling your type of case.   
  I received a call at 7 AM this morning asking whether I was Walmart. I politely told the caller, after rubbing the sleep out of my eyes that she was calling an attorney's office and not Walmart. When I finally awoke, I questioned why this woman would think that I was Walmart.
  
  I don't have a big-box store-front office. I don't discount my fees. I don't offer sales on goods and services. I don't advertise on TV, and I don't have thousands of customers pouring in and out of my parking lot on a daily basis.
  
  Read the article to learn more...
• Have you ever wondered how some cases are eagerly accepted by an attorney and others are not? What are the top five things an experienced attorney looks for when deciding whether to take a case?   
  DOES YOUR STORY SOUND BELIEVABLE?
  That's only one factor. Read the article to learn more...
• An Open Letter to President Obama about Medical Malpractice in New York [PDF]   
  An Open Letter to President Obama
  From Gerry Oginski, Esq.
  A New York Medical Malpractice Trial Lawyer
  
  June 15, 2009
  
  Dear Mr. President,
  
  The New York Times reported today (Obama Open to Reining in Medical Suits, June 15, 2009) that you were considering reining in medical malpractice lawsuits. Although you have expressed your opinion that you would not consider placing a cap on jury awards, I’d like you to read this letter before you give further thought to this potentially disastrous policy change.
  
  A few years ago I had the privilege of representing a young man, aged 34, who worked as a mortgage broker. One day here in New York he suffered chest pain and went to a local hospital for evaluation. The physicians admitted him to the hospital for a few days to do a cardiac workup. Blood was drawn, a stress test was performed, and a physical examination was done. The patient was given a clean bill of health and told to follow up with a cardiologist after being discharged. Over the next three months this young and energetic young man continued to experience significant chest pain. On each visit to the cardiologist, the doctor performed a physical examination and shrugged off the patient’s complaints of pain as being “stress related.” Shortly after the third visit to the cardiologist, this young man experienced severe crushing pain which radiated down his arm.
  
  Read the rest in this article.
• New York Injury Times- May 09' Newsletter #2 [PDF]   
  Learn about the 5 key questions I need to know in a failure to diagnose cancer case. Read a list of defense attorneys whom I consider to be worthy adversaries in the State of New York. Learn 6 common definitions of legal terms that you may not know.
• Medical Malpractice- 7 Reasons Why Your Case Isn't Good Enough For a NY Malpractice Lawyer   
  Learn why your case will be rejected by an experienced New York medical malpractice & accident attorney. Not every case is accepted. Learn what an attorney looks for when you walk in the door and describe the facts surrounding your potential injury case.
• NY MEDICAL MALPRACTICE-Liability is Clear But Damages Are Not   
  Learn how many New York malpractice stories are not clear cut. Even cases with clear-cut liability often are not so clear-cut when it comes to evaluating injuries. Find out why cases that have liability may be difficult to evaluate damages. Read the article to find out why.
• NY Medical Malpractice - Informed Consent Trap - An Experienced Trial Lawyer Explains   
  Learn how your memory may cause you to fall into the Informed Consent trap when speaking with a doctor in New York. Read the article to find out what you can do to prevent falling into this inevitable trap.
• NY Medical Malpractice Trap-Failing To Timely File a Claim   
  Find out what happens if you miss the deadline to file a claim against a municipal hospital in New York City. Learn when you should start inquiring about your legal rights and how to protect yourself and your ability to seek compensation. Read the article to find out why most people do not even know they're the victim of medical negligence.

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Frequent Questions for Medical Malpractice:

• “If I refused medical treatment can I still bring a medical malpractice case in New York?”
  
• “I went to a doctor in Florida and saw a sign that said he doesn’t have any malpractice insurance... is that true for MD’s in NY too?
  
• In a malpractice case, why do we need an expert to review my case?
• What happens if a doctor or a hospital removes or alters medical records from my file?
• What is "Lack of Informed Consent?
• If the hospital lost my baby's fetal monitoring strips, what happens at trial in a case involving allegations of brain damage from a botched delivery?
• What is "continuous treatment" and why is it important to my case?
• If a doctor left a foreign object inside of me during surgery, how much time do I have to start a lawsuit?
• When you question my doctor at a deposition, can I be present? Can I ask questions too?
• What is the amount of medical malpractice insurance most doctors in New York carry?
• What are the names of the medical malpractice insurance companies that insure doctors and hospitals in New York?
• What is podiatric malpractice?
• What is dental malpractice?
• Do you handle Vioxx, Bextra or Celebrex cases?
• What are the 3 things I need to prove to show I have a valid case?
• My treating doctor says I have a valid lawsuit and he's willing to testify. Isn't this enough to start a case?
• What is a pain journal?
• If a chiropractor caused nerve damage during their treatment, do I have a case?
• How common is dental malpractice?
• I went to my podiatrist to have a bunion removed. He did surgery to correct the problem, and now I can't walk well. Do I have a case?

Case Results for Medical Malpractice:

• Misread stress test leads to permanent heart damage

Awarded: $6,000,000- Misread stress test leads to permanent heart damage

• Brain Injured Baby Awarded $5.1 Million

Awarded: $5,100.000

• Failure to Diagnose Breast Cancer Results in Untimely Death

Awarded: $4,750,000

• Improperly performed foot surgery

Awarded: $1,550,000

• Failure to communicate leads to woman's blindness

Awarded: $1,000,000

• Delayed Diagnosis Leads to Permanent Nerve Injury

Awarded: $1,000,000

• Botched Urology Treatment

Awarded: $850,000

• Optic nerve cut during eye surgery

Awarded: $775,000

• Infection leads to death

Awarded: $750,000

• Brain injury at birth

Awarded: $700,000

• 67 year old woman died two days after having colonoscopy

Awarded: $580,000

• Botched knee surgery

Awarded: $500,000

• Late cancer diagnosis leads to death

Awarded: $500,000

• Unnecessary surgery

Awarded: $490,000

• Bladder Cancer Death

Awarded: $415,000

• Unrecognized Perforated Intestine During Surgery Results in Death

Awarded: $395,000

• Woman loses uterus due to infection

Awarded: $350,000

• Misdiagnosis leads to lung surgery

Awarded: $350,000

• Dental Implant Surgery Gone Wild

Awarded: $350,000

• Blood Clot in Lungs

Awarded: $325,000

Videos about Medical Malpractice:

• Failure to Diagnose-What Question Does a Medical Malpractice Attorney Need to Know?
• Staten Island Doctor Sued 40 Times & License Revoked
• "How DARE You Bring a Lawsuit!"
• What is Board Certification?
• What is Pecuniary Loss? NY Medical Malpractice Trial Lawyer Explains
• What Does 'Negligence' Mean? How about 'Medical Negligence'?
• Your Case Has Been Rejected-What Do You Do Next?
• Why Is Federal Government Giving 5 New York City Hospitals $3 Million to Reduce Medical Malpractice?
• Cardio Pulmonary Resuscitation-Avoid That
• How To Convert $500,000 to $1.5 Million during a malpractice trial
• Attorney Gerry Oginski obtains $1.5 million verdict for Westchester podiatric malpractice victim
• New York Lawyer Solves Medical Malpractice Crisis
• NEW BOOK! Secrets of a New York Medical Malpractice Attorney
• NEW BOOK- Doctors Gone Wild!
• Medical Malpractice-Does An Attorney Need All Your Records?
• Residents, Fellows & Attendings-The Doctor Training Ladder
• Board Certification for Doctors-What Does it Mean?
• Misplaced Feeding Tube
• NY Negligence Cases-"What Is a Deposition?"
• NY Medical Malpractice-Your Expert Drops Out, Now What?

Web Resources for Medical Malpractice:

• 10 Facts Your New York Personal Injury and Medical Malpractice Attorney May Not Tell You

  Description: Gerry Oginski responds to an important question about important facts your lawyer may not have told you.

• A Litigation Digest & Directory

  Description: Recent large & noteworthy verdicts across the nation.

• Accreditation Manual for Office-Based Surgery Practices-JCAHO

  Description: This provides the standards by which office based surgery is to be conducted.

• American Academy for Cerebral Palsy and Developmental Medicine
• American Academy of Orthopedic Surgeons Online

  Description: (check the section titled Educational Resources Catalog...many videotapes for sale on various orthopedic topics, including surgical procedures)

• American Association of Anatomists

  Description: AAA is the professional home for an international community of biomedical researchers and educators focusing on anatomical form and function. AAA members worldwide work in imaging, cell biology, genetics, molecular development, endocrinology, histology, neuroscience, forensics, microscopy, physical anthropology, and numerous other exciting and developing areas.

• American College of Emergency Physicians

  Description: Resources on Emergency Medicine

• American College of Surgeons

  Description: Guidelines published by the American College of Surgeons

• American Heart Association
• American Medical Association (AMA)

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