New York Malpractice & Injury Lawyer Blog

March 9, 2016

New Zealand Doctor Accused of Negligence

by Bottar Law, PLLC

A doctor in Auckland, New Zealand has been accused of negligence after having ignored the advice of his colleagues and ultimately causing the death of an unborn baby.

According to reports, a mother expecting her fifth child entered the North Shore Hospital after her water broke. The woman was deemed to be high risk due to her age. When a cardiotocograph recorded a low heart rate in the infant, her doctor was called into the room.

The charge says that the baby was suffering from prolonged bradycardia, and the doctor should have prepared the mother for an emergency delivery. Instead, the doctor failed to recognized the situation and waited for nearly one half hour before ordering an emergency caesarean section. The child was eventually delivered stillborn.

March 8, 2016

Effects of Birth Injury on Your Growing Child

by Bottar Law, PLLC

Postpartum_baby2 When children are expected and ultimately born, families have reason for celebration. A new life is always brings hope and joy. Unfortunately, birth injuries affect thousands of families each day. From minor injuries that heal on their own to serious injuries with lifelong consequences, birth issues arise everyday in hospitals across the country.

At the law firm of Bottar Law, we have been handling birth injury cases for years. We know how to hold doctors accountable for negligence and find justice for the families that are affected by these tragedies. Our medical malpractice team will fight to ensure that you are provided with the compensation you are due.

Long-Term Effects

March 4, 2016

First Steps in a Medical Malpractice Case

by Bottar Law, PLLC

Medical malpractice cases are typically brought before the court by people who are seeking compensation after being injured by a medical professional. These injuries may have arisen from a mistake or negligence on the part of the professional.

The majority of medical professionals provide a high standard of care for their patients. Unfortunately, there are still things that can go wrong. When that happens, you may be eligible to bring a medical malpractice lawsuit. Here are the first steps.

Contact Medical Professionals Involved

March 3, 2016

$30 Million Settlement One of Largest Ever

by Bottar Law, PLLC

UW_surgery_and_residents In 2011, a 6-year-old child suffered brain injury during an operation. His mother filed a lawsuit for medical malpractice and was awarded a $30 million settlement last week. The suit named Dr. Mark Holterman and Rush University Medical Center at fault in the child’s injury.

According to details of the case, Ezequiel Chavez was born with a leak in his esophagus. This non-life-threatening condition required surgery for repair. The baby’s care was transferred to Rush in late 2010.

In 2011, Holterman performed a surgical procedure on the child and severed his pulmonary artery. The risky and novel procedure was careless, according to the family’s attorney. The doctor demonstrated a lack of oversight. Holterman left Rush shortly after that surgery.

March 2, 2016

Pennsylvania Nurse Drunk During Surgery

by Bottar Law, PLLC

Medal_slot_machine It is quite reasonable to expect that the team performing your surgery will be doing so while sober. Unfortunately for one patient, a nurse at a veteran’s hospital assisted in surgery after consuming four to five beers. Aside from being charged with driving under the influence and public drunkenness, the male nurse is also being charged with recklessly endangering another person. Here is what happened:

On February 4, Richard Pieri entered the hospital and found it difficult to log onto the computer system. He entered incorrect operation time stamps into the system after finally being able to log in. He then chose to assist in a surgical procedure, monitoring the patient’s vital signs and helping to prepare the patient for surgery.

According to police reports, the nurse went to the Mohegan Sun Pocono Casino for a bit of leisure time. It was there that he played slots and consumed alcohol. He left the casino and headed home to sleep it off. Just over five hours after he arrived at the casino, he was called in for surgery. Pieri told police that he had forgotten that he was on call that evening.

March 1, 2016

Million Dollar Malpractice Suit Settled in L.A. County

by Bottar Law, PLLC

Basketball_ball385428_9836 Last week, the Los Angeles County Board of Supervisors decided to pay a man who had been left paralyzed $4.5 million.

The settlement with former patient of L.A. County/USC Medical Center, Justin Malone, also calls for his $790,000 in treatment costs to be waived and for the county to cover the approximately $200,000 he would have been forced to repay MediCal.

According to the facts of the case, Malone was a hardwood floor installer in 2010 when he was involved in a motorcycle crash. He was treated at Cedars-Sinai Medical Center for a ruptured aorta. The surgery involved repairing a stent-graft. Just over a year later, Malone collapsed during a basketball game and was taken to the L.A. County/USC Medical Center emergency room. He was admitted to the hospital.

February 29, 2016

How Should I Choose an Obstetrician?

by Bottar Law, PLLC

The birth of a baby is an amazing event filled with joy and excitement. Fortunately for most parents, deliveries go as planned and babies are born healthy. In other cases, however, complications arise and a baby suffers permanent injury or damage. One of the most important decisions an expectant mother can make is who will deliver her baby. Choosing an obstetrician is not something that should be taken lightly. here is how to choose the best one for your pregnancy and delivery.

Any obstetrician you are considering should be interviewed. You can compare answers to determine who will be the best for you and your unborn child. Some of the questions to ask are:

How long have you been practicing?

February 26, 2016

Rex Morgan’s Widow Suing Lab for Malpractice

by Bottar Law, PLLC

3376254404_07b4a304f7_o_d Rex Morgan, the iconic Jacksonville basketball icon, died of oral cancer last month. According to his widow Kathleen, his death was preventable. She has filed a lawsuit against Quest Diagnostics to prove it.

According to records, Morgan was diagnosed with cancer in 2010. The cancer was located in Morgan’s tonsils, and the man underwent treatment. Just a year later, in November, a tongue biopsy performed by Quest Diagnostics showed no malignancy in a tongue biopsy sample.

In 2013, a second biopsy detected cancer. It was at that time that Morgan asked a different doctor to look at the samples submitted in 2011. That doctor found that those samples had indeed been cancerous. Aggressive treatment was started immediately following the 2013 biopsy but, by then, it was too late.

February 24, 2016

Birth Injury Fund Getting Arguments from Both Sides

by Bottar Law, PLLC

Pregnant_woman2 Arguments for and against a birth injury fund in Maryland are heating up. The fund, modeled after those already in place in Florida and Virginia, is aimed at protecting families of babies who have been born with birth injuries. Monies from the fund would eliminate the need for families to participate in litigation against medical professionals and hospitals.

State legislatures across the country are keeping an eye on the debate. If the bill passes, Maryland will be the third state in the nation with such a fund. Although its purpose is to protect mothers and babies, the bill has malpractice attorneys and hospitals pitted against one another.

Those who support the bill say that its passage would help to ensure continued access to obstetrical care. It would also offer families an alternative to expensive and lengthy lawsuit battles. Those who are against the bill say that it effectively takes away a family’s constitutional right to have a trial by jury. It also allows hospitals and doctors avoid legal responsibility.

February 22, 2016

Finding the Best Attorney for Your Birth Injury Case

by Bottar Law, PLLC

Expecting a baby is one of the most exciting times a couple can experience. The world becomes full of hope and promise. A newborn is a definite lifestyle change, but it is a change that many welcome with open arms. Unfortunately for some, what was months of excited anticipation becomes years of stress and anxiety. Birth injuries are all too common given today’s modern medical environment.

Newborns are particularly vulnerable to injury and, at the hands of negligent medical staff, can suffer a variety of maladies during and immediately after the birthing process. Both the newborn and its mother are in the hands of medical professionals. In many cases, the birth is without incident. In some, the birth results in injuries that impact the lives of the the newborn and the entire family for years.

A variety of things can happen during labor that can turn a relatively routine situation into a complicated one. Typically, one of two things happen that cause birth injury. The first is that the doctor does not respond properly to a situation. The second is that there are complications that arise from prescription drug use.