New York Malpractice & Injury Lawyer Blog

December 28, 2015

How to Communicate with Your Doctor

by Bottar Law, PLLC

Effective communication between a patient and doctor can reduce the chances of error. Medical malpractice experts are of the opinion that open lines of communication between a medical team and their patient are imperative for excellent care. Unfortunately, many patients shy away from asking their doctor questions, deferring to their professional expertise. If you need some tips for communicating effectively with your doctor, keep reading.

Ask Questions

Never be afraid to ask your doctor a question. If you don’t understand something, ask that it be clarified. Jot questions down on a piece of paper before your appointment. Let the doctor know that you have questions that may require their time. You may be directed to a physician assistant or nurse.

December 25, 2015

Most Common Surgical Mistakes

by Bottar Law, PLLC

Every day, people enter the hospital for surgery and expect to wake up healed. For many, their expectations are met without issue. For others, expectations turn to fear as life-altering mistakes are discovered. Knowing the most common surgical errors can help you and your family remain vigilant as you prepare to go under the knife.

Foreign Objects Forgotten

When you have surgery, your medical team will use scalpels, sponges, gauze pads and other instruments and supplies. These are normally removed and set aside. Sometimes, though, these items are left behind in the patient and closed inside. When this happens, infection, pain and serious consequences can be the result. If you feel ill or in an way odd after surgery, be sure to consult your physician or surgeon immediately.

December 24, 2015

Proving a Successful Medical Malpractice Case

by Bottar Law, PLLC

The two major basis of medical malpractice claims are misdiagnosis and a failure to diagnose. It’s important to note that not all misdiagnosis are grounds for a claim, and not all claims lead to successful lawsuits. Even some of the best doctors can misdiagnose patients or fail to diagnose an illness in a timely manner. In order for a case to be resolved successfully, improper medical care must be proven. In addition, the patient’s condition must be worsened due to that improper care.

What You Need to Prove

In order to prove your case, you must prove:

December 24, 2015

Negligent Hospital Loses Malpractice Case

by Bottar Law, PLLC

Doctors go through a complicated process to gain the practical skills they need to become full-fledged doctors. One of these processes is residency, where a new doctor will train directly in real-world situations often under the auspices of a hospital. It is a necessary process, but it is quite possible to make mistakes during this critical time.

A carpenter in Seattle has won a judgment against a hospital who was negligent in treating a complication that cost him the use of his left hand. The carpenter had fallen 16 feet off of a scaffold and onto concrete. He sustained multiple fractures. During the course of treatment, a resident at the hospital neglected to treat a complication in the hand in time to save it from permanent nerve damage.

However, it wasn’t completely the resident’s fault. The suit alleged that the hospital was requiring residents to work shifts of 24 hours or more while supervising the care of 20-60 patients. To treat the condition that arose, compartment syndrome, treatment must be administered within 4-6 hours to prevent permanent damage. The carpenter’s wife told the staff that her husband was experiencing increased pain, but it wasn’t until 11 hours later that he was rushed surgery to relieve the pressure.

December 23, 2015

Malpractice Claims Up Again for New York

by Bottar Law, PLLC

What was the status of malpractice payouts in New York City this year? According to the New York City Comptroller’s Office, the numbers are up after a decade-long national decline in the number of payouts.

This is part of a national trend. In 2013 the number of medical malpractice payments in the US rose by 4.7%, the first increase in ten years. In 2014 the number rose again by 4.4%, and in that year the highest amounts per capita were paid out in New York, followed by New Jersey and Pennsylvania.

The number of malpractice claims filed against city-owned hospitals has increased as well, from 495 claims in 2013 to 512 claims in 2015. The Comptroller’s Office only measured hospitals that are owned by the City Health and Hospitals Corporation, which controls New York City’s 11 public hospitals.

December 22, 2015

11 Year Sentence for Oxycodone Distribution Scheme

by Bottar Law, PLLC

Certain medications are controlled by the government due to their side effects. The government is keen to keep people from becoming addicted to dangerous yet medically useful drugs like opioids, and to keep these drugs from entering the illegal drug market. When someone is caught exploiting their access to these drugs the punishments are harsh.

A physician’s assistant has been sentenced to 11 years in prison for a conspiracy that distributed 125,000 medically unnecessary oxycodone pills. Oxycodone is an opioid frequently given for pain relief. According to the prosecuting attorney, this scheme persisted for nearly three years. The pills were given to patients who did not require it. In fact, most of the patients were just charged a flat fee of $250 in cash for the pills in visits that didn’t last longer than 1-2 minutes. For the $250, the patients received packages of 150 30-mg tablets. The culprit also charged additional fees for other medically unnecessary prescriptions.

When doctors abuse their privileges, it hurts us all in the form of health care costs and drug addictions. If you believe your doctor is running a pill farm, report them to the authorities.

December 21, 2015

$50 Million Medicare Fraud Case Moves to Sentencing

by Bottar Law, PLLC

A huge Medicare fraud case may finally be coming to an end in New Orleans. In a scheme involving $50 million in fraudulent claims, two doctors and a registered nurse were sentenced to jail for their role in the plot. The sentencing of four other people is expected to begin this week, and at least six others were indicted during the investigation.

Between 2007 and 2014, the owner and operator of Medical Specialists of New Orleans submitted claims to Medicare for home health services. The indictment cliams that 88% of the over 9,000 claims made were fraudulent. These services were either medically unnecessary or were simply not delivered at all. The sentences handed down so far include years in prison and millions of dollars in restitution.

When health professionals conspire to defraud insurance companies and federal health programs, the costs are passed down to the average consumer. This is one of the reasons why medical costs are so high in this country. It could be considered a form of malpractice as well. For instance, if one of the undelivered medical services in this case was indeed necessary and caused harm, it could open the provider up to further liability.

December 21, 2015

Frivolous Suits That Should Not Have Made it to Court

by Bottar Law, PLLC

Medical professionals have long complained about frivolous lawsuits. While some medical malpractice suits certainly have their merit, others are nothing but a waste of the court’s time. Baseless lawsuits happen every day. People are not required to prove their cases to an incredibly high standard thanks, in part, to these ridiculous suits. Here are just a few of the most shockingly embarrassing:

Off Goes the Hand

A construction worker used a power saw to slice off his own hand after claiming to see “666” carved into it. His hand was packed in ice by coworkers and he was promptly transported to the hospital. A surgeon attempted to reattach the hand but the patient refused to give his consent. It should be noted that the patient was deemed competent by a psychiatrist. Later on, that patient sued the surgeon claiming that he was psychotic and the surgeon should have reattached his hand despite his refusal to allow the surgery.

December 18, 2015

Third Party Malpractice Case Allowed to Proceed

by Bottar Law, PLLC

Most malpractice cases involve a patient or their family suing a doctor or medical institution. But can a separate third party file a malpractice suit against a hospital for something their patient did? The New York Court of Appeals just ruled on such a case, and they’re allowing the malpractice suit to go forward.

Here’s the situation. A patient at South Nassau Communities Hospital was given opioid narcotics and anti-anxiety drugs intravenously. Two hours later, the patient was driving home, crossed a double-yellow line, and hit a bus. The bus driver sued the hospital saying that they should have warned the patient that the drugs could impair her ability to drive.

The hospital says they have a duty of care to warn the patient that a drug can cause impairment, but that duty doesn’t extend to third parties. In a 4-2 decision, the Court of Appeals do say that doctors have a duty of care to explain the dangers of drugged driving that extends to third parties. Now the malpractice case can continue.

December 18, 2015

What To Do If You Believe You Have a Medical Malpractice Case

by Bottar Law, PLLC

Some medical errors are preventable, and some are not. Unfortunately, if you were the victim of an error, you may have to suffer with the consequences. You may be forced to live with health issues or a debilitating injury. If you believe that you have been the victim of a medical provider’s mistake, there are steps you need to take.

Seek Medical Attention

The first thing that should be on our mind if your health. If you believe that you have been harmed by a doctor or other medical provider, seek help immediately. You may be frightened at the prospect of visiting yet another doctor, but it is in your best interest. Another physician may be able to help you.