New York Malpractice & Injury Lawyer Blog

January 7, 2016

Challenge Against Malpractice Caps Continues in Indiana

by Bottar Law, PLLC

A couple in Evansville couple is continuing their decade-long legal fight over their claims of medical malpractice in their daughter’s birth that left her a quadriplegic and unable to speak.

A Vanderburgh County jury awarded the family $15 million in damages in in 2013 for their lawsuit against a doctor and St. Mary’s Medical Center of Evansville. Crystal and Jamie Bobbitt have not received any of that money and their attorneys are challenging the constitutionality of the state of Indiana’s malpractice damage cap of $1.25 million.

An expert hired for the lawsuit’s trial estimated lifetime care for 12-year-old daughter, Juliann Bobbitt, will cost between $8 million to $10 million according to Terry Noffsinger, an attorney for the Bobbitt family.

January 6, 2016

Botched Gallbladder Surgery Leads to Lawsuit

by Bottar Law, PLLC

A man is suing an Orland Park surgeon for medical malpractice after he allegedly botched a procedure to remove his gallbladder.

The plaintiff, Alfred Matthews filed the lawsuit against Dr. James R. O’Donnell and Advocate Health and Hospitals Corporation on December 23rd.

In the complaint, Matthews states that he had undergone an operation in order to have his gallbladder removed on September 6 at South Suburban Hospital. During the surgery Dr. O’Donnell allegedly severed Matthews’ common bile duct accidentally. Matthews further claims that O’Donnell did not repair the mistake during the surgical procedure.

January 6, 2016

Doctors Are a Leading Cause of Death in America

by Bottar Law, PLLC

When it comes to the things that kill people in the United States, several causes come to mind. Drunk driving, cancer and heart disease tend to top the list in peoples’ minds. What many don’t think about is doctors. Doctors help and heal us, don’t they? In most cases, the answer is yes. But doctors are technically the third leading cause of death in the country — a fact that surprises many.

According the Journal of the American Medical Association, health care costs are not reflective of the quality of medical care available in the country. Among 13 leading countries in the world, including Japan, Canada and France, the United States ranks 12th. The ranking is based on indicators such as infant mortality, life expectancy and low-birth-weight averages. In a ranking put forth by the World Health Organization, the country ranks 15 out of 25 of the world’s industrialized nations.

A significant finding is that the general poor health of Americans is not attributed to poor choices as many think. Americans do not tend to have worse habits when compared to other countries. What research has found, is that there are approximately 12,000 deaths each year due to unnecessary surgeries, 7,000 deaths due to errors in medication and 20,000 deaths due to miscellaneous hospital errors. There were another 80,000 deaths due to infections contracted in hospitals and 106,000 due to prescription medications. Keep in mind that this is the average per year.

January 5, 2016

Malpractice Payments Against Anesthesiologists Fall

by Bottar Law, PLLC

It’s interesting to note that the cumulative spending on malpractice payments against anesthesiologists has fallen dramatically in recent years, from $174.4 million in 2005 to $91.1 million in 2013. This data is part of a new study that was obtained from the National Practitioner Data Bank (NPDB). The trend today, however, seems to have shifted and has shown an increase in claims occurring filed in the outpatient setting.

Despite the recent shift toward outpatient services, Richard J. Kelly, MD, JD, MPH, FCLM, an anesthesiologist from the University of California, Irvine School of Medicine noted that little is known about the effect of practice setting on malpractice payments in anesthesiology.

Using data obtained from the NPDB, in the 2,408 payments for malpractice that were made during the nine-year period, 567 (23.5%) were for outpatient events and 1,841 (76.5%) were for inpatient cases.

January 4, 2016

Eye Misdiagnosis Leads to Lawsuit

by Bottar Law, PLLC

When you go to a doctor’s office with a specific complaint, of course you want to have that condition accurately diagnosed and effectively treated. No one wants an incorrect diagnosis or a treatment that can potentially lead to permanent damage or even further injury. Because of an alleged misdiagnosis, however, two doctors and the Panto Eye Center in Cook County, Illinois are now facing a lawsuit from a couple for alleged malpractice. The couple claims that the misdiagnosis of the wife’s eye condition has left her with such a permanent injury.

According to court documents filed by Mary Ellen Krezel and Robert J. Krezel on December 29th in Cook County Circuit Court, the plaintiffs claim that Dr. Peter J. Panton and Dr. Robert W. Panton, individually and as agents of the third defendant, Panton Eye Center P.C., misdiagnosed Mrs. Kretzel’s condition.

In the filed complaint, the couple claims that Mary Ellen Krezel had sought treatment at the Panton Eye Center for pain after suffering from swelling of her left eye between December 30, 2013 and March 30, 2015. The plaintiffs allege that the defendants misdiagnosed Krezel’s pain, eye swelling and corneal ulcers; including failing to run the proper tests and prescribe appropriate medication. Krezel claims she suffered permanent injuries as a result of the misdiagnosis, as well as ongoing medical expenses.

January 4, 2016

Medication Errors Occur at Alarming Rate

by Bottar Law, PLLC

Ritalin-SR-20mg-full When someone says “medical malpractice,” what comes to your mind? If you are like most people, your mind immediately jumps to misdiagnosis or even surgical errors. What many people don’t consider is that medication errors comprise a large majority of medical malpractice cases.

A study conducted at Massachusetts General Hospital, a Harvard affiliate and one considered to be one of the safest hospitals in the nation, found that medication errors occur in about 50 percent of surgeries. Over 275 surgeries were studied in which thousands of medications were administered.

At least half of the patients in the study experienced medication error. This is frightening when you consider that this hospital is truly considered one of the best in America. Among the findings in the study include:

January 1, 2016

Basics of Medical Malpractice in New York

by Bottar Law, PLLC

Many people wonder if they have the right to sue a doctor for an error due to misconduct or negligence. Every state has its own set of regulations and laws regarding a patient’s ability to file a claim. Understanding the basics of medical malpractice law in New York will help you determine whether or not you have a valid claim.

Malpractice in New York

Generally speaking, medical malpractice occurs when a doctor’s error, whether due to negligence or blatant misconduct, causes injury or harm to a patient. The doctor or medical provider must have breached the accepted standard of care. That is, they must have treated you in a grossly different manner than another medical professional with the same experience would have treated you.

December 31, 2015

Why Your Doctor May Be Defensive

by Bottar Law, PLLC

In an era where medical malpractice is big news, doctors and other medical professionals are practicing something that has been coined “defensive medicine.” In other words, doctors are taking steps in their practices to reduce their chances of being sued. They may order extra lab tests, ask for additional imaging, or even schedule you for procedures that aren’t altogether necessary. All this in an attempt to avoid malpractice lawsuits.

In a study as recent as two years ago, more than 400 emergency room physicians were surveyed. 97 percent of respondents said that they practice defensive medicine. They admitted to ordering MRI or CT tests that they did not deem to be medically necessary. But why? They listed two reasons: A fear of being sued and a fear of missing a diagnosis that was not at the top of the list of possibilities.

While this type of medicine is indeed resulting in lower rates of malpractice suits, it comes at a higher cost to the patient and insurance companies. Why should a patient have to pay for imaging or testing to protect a physician? Some experts suggest that better communication may be the better, and cheaper, alternative.

December 29, 2015

How to Find The Right Doctor For You

by Bottar Law, PLLC

Fining a new doctor is not something that should be taken lightly. With medical malpractice cases making news weekly, many patients are beginning to understand the importance of vetting a doctor before they entrust that medical professional with their health and wellness. If you are looking for a new doctor, no matter the reason, here are some tips to follow.

Insurance

If you have insurance, you will want to take a look at your list of in-network providers. These are the people who you should be researching. Looking at anyone else would be a waste of time unless you plan on paying out of pocket for your medical care. You can find a list of network providers by visiting your insurance company’s website or calling their customer service line.

December 28, 2015

Feres Doctrine May Get Challenged in Supreme Court

by Bottar Law, PLLC

When malpractice claims get mixed up with the military, the rules get very tricky. There is a legal concept called the Feres doctrine. This is a doctrine that bars claims against the federal government by members of the military and their families for injuries they receive “incident to military service.” It’s what prevents wounded soldiers from filing claims against the government for getting injured in war. It also often prevents them from filing malpractice claims for the treatment they get in military hospitals.

But what if the victim was a new baby? That’s a question the Supreme Court may consider taking up. An Air Force captain gave birth at a military hospital via c-section. She was administered a drug that she had a known allergy to and was listed as such in her medical records. When she was given anti-allergy medication her blood pressure dropped and deprived her child of oxygen in the womb. The girl, now six, suffered brain and nerve damage as a result and requires weekly therapy treatments.

The captain filed suit against the hospital, but the district court dismissed the case citing the Feres doctrine. She appealed to the 10^th Circuit Court of Appeals and they upheld the ruling because the injuries sustained to the child were directly related to her mother’s injuries, using the so-called “genesis test”. Now the captain is appealing to the Supreme Court, and several groups have filed briefs supporting the captain and her family.

Malpractice in New York

Insurance