New York Malpractice & Injury Lawyer Blog

The most current legislative sessions in the state came to an end just over a week ago. At least one piece of legislation was not taken to a vote, making it the second year that the bill died in session. Lavern’s Law, the bill in question, would ultimately change the way that medical malpractice cases are handled in the state.

Currently, there is no date of discovery law in New York. In our state, the statute of limitations for a medical malpractice suit begins at the time of misdiagnosis. In other state that utilize date of discovery, the time limit begins when the misdiagnosis or injury is discovered. This can make a vast different in the right that someone has to file suit.

People in the medical establishment argue that states who utilize date of discovery also put a cap on total damages, something New York does not want to do. Even though the sate Assembly passed Lavern’s Law last year, the Senate has failed to pass it. This year, nothing was done with the bill at all.

A woman in Chicago filed a lawsuit in Cook County Circuit Court on June 9, naming Present St. Joseph Hospital-Chicago, Dr. Florence Mussat and Presence Chicago Hospitals Network as negligent in injuries she suffered.

According to the complaint, Sharrone M. Travis had liposuction performed on her buttocks. Her lawyers are alleging that surgeons performed the procedure improperly. They are also alleging that hospital staff failed to adequately check on Travis after the procedure. Both of these things contributed to a necrotizing infection post-surgery which caused severe pain.

The plaintiff is seeking at least $50,000 in damages, which is the jurisdictional limitation of the court. She is also seeking court costs. When the lawsuit will begin is unknown at this time.

Just last week, a Supreme Court jury found two doctors and a hospital liable in the death of a man after ignoring his symptoms.

According to court documents and other reports released, Walter Friedlander, 63, was admitted to Kingston Hospital on February 13, 2011 after presumably suffering with pain and discomfort. Friedlander was seen first by Dr. Doug Heller, an internist. A gastroenterologist, Dr. Nicholas Golden, was later brought in as a consultant. Unfortunately, the two doctors never communicated with one another, and neither doctor returned to diagnose Friedlander.

Friedlander’s family’s lawyers said that the man was never treated, nor did anyone call him after his release to see how he was feeling. The gentleman died on February 15, 2011 due to a severe infection.

In Montgomery County, Ohio, a jury awarded $6 million to a man after he filed suit against Good Samaritan Hospital and Dr. Cheryl Gill.

According to the lawsuit, the man’s wife passed away due to a gestational hypertension stroke. Dr. Gill failed to diagnose pre-eclampsia and eclampsia while the woman was pregnant. She died in 2009 after an emergency Cesarean section. The attorney’s for the man said that Dr. Gill was not qualified to handle pregancies involving complications.

The lawsuit further stated that the woman had been discharged from the hospital while she was exhibiting symptoms. Her release was approved even though her symptoms were worsening. The woman was brought back to the hospital and was not visited by Dr. Gill.

A doctor in Oakland County was previously sentenced to 45 years in prison for putting patients through treatments they didn’t need. He didn’t do this to just a few patients, according to court records, but hundreds. Dr. Farid Fata chose to appeal his sentence and a judge denied that appeal.

According to the appeal, Fata’s attorneys focused on the way that the sentencing guidelines were calculated. His attorney’s also questioned whether or not it was proper to allow the number of large number of victims to speak in court. The appeals court handed down a 3-0 decision that the doctor’s attorney’s arguments had no merit.

In 2014, Fata pleaded guilty to money laundering, fraud and conspiracy. According to prosecutors, there were 553 victims along with several insurance companies. Insurers and Medicare together paid out at least $17 million for treatments. Patients who were told that they had cancer and opted to undergo chemotherapy were given excessive treatments.