Medical Malpractice

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Patient Awarded $2.3 Million after Surgeon Fails to Treat an Infection

In 2010, a 52 year old man named John Antonucci had an MRI at Hudson Valley Radiology Associations. Part of the process for the MRI involved a routine injection. A few days later at Nyack Hospital, doctors took a culture and released him 25 minutes later. However, two days after that visit Mr. Antonucci was [...]

National Institute of Health to Study “Defensive” Medicine

“Defensive medicine” is the buzzword used by hospital administrators and insurance companies to describe the practice of overprescribing tests to avoid missing any underlying or potential medical conditions or injuries. For example, if a patient were to see a doctor for a routine physical, and the doctor performed not only his/her duties but also ordered [...]

Insurance Company Denies Negligence After Surgeon Admits to Fatal Mistake

When a doctor is guilty of medical malpractice, it is his or her insurance company who pays the compensation: it’s why medical malpractice insurance exists. So when a doctor makes a fatal error and admits to it, it seems reasonable to assume that the insurance company would compensate the victim’s family. Unless you’re the sons [...]

Chicago Area Doctor Fails to Advise Patient That He Still Had Cancer

One of the more commonly misdiagnosed forms of cancer is bladder cancer. It is particularly insidious because of its high rate of recurrence; patients often require multiple tests and follow-up treatments after the initial course of action. Many patients have surgery to remove the cancerous tumors, but people with an aggressive, invasive form of the [...]

Medical Negligence and HIV Misdiagnoses

Any misdiagnosed disease or condition can be deadly because the conditions are left untreated or receive the wrong treatment. For people who are given a false-negative diagnosis for HIV, the results can be catastrophic: not only might they fail to get the treatments they need, but they could unknowingly and unwillingly infect others with the [...]

What Happened to Joan Rivers?

Celebrities are not immune from the risks of surgery. Their families are not immune from the heartbreak of bad surgical results. When comedy icon Joan Rivers went into cardiac arrest on August 28th, she was reportedly undergoing a procedure on her vocal cords. The vocal cords are delicate instruments, however, and doctors who perform even [...]

Diagnostic Errors Top the List of Large Payouts, Says Johns Hopkins

One of six preventable medical errors are due to a misdiagnosis. Johns Hopkins Medical Center in Baltimore conducted research into which medical malpractice claims are awarded the largest sums in payouts, according to an article in Claims Journal. The payouts study was published in the Journal for Healthcare Quality, a peer-reviewed journal published by the [...]

The Loss of Consortium Claim

It is generally accepted that the first loss of consortium claim was filed in 1950 in Hitaffer v. Argonne Co., 183 F.2d 811 (D.C. Cir., 1950). It was a novel case at the time; a man, injured at work, was paid benefits by Workers’ Compensation, but his wife filed the claim. Though the claim was [...]

Why Genetic Testing Could Change How Medicine is Practiced

Diagnostic errors account for a large number of preventable deaths each year, and exacerbate the illnesses of countless other people, according to a study in the Journal of Patient Safety. But what if there were a test which could expand a doctor’s view of which diseases might be more likely in an individual patient? Would [...]

Proposition 46 Takes Aim at Medical Malpractice Caps

We are no strangers to the dangers of tort reform at Plaxen & Adler, P.A. As Legislative Chairman of the Maryland Association for Justice and Chairman of the Maryland Association for Justice Political Action Committee, Bruce Plaxen has testified at Legislative Hearings dozens and dozens of times against tort reform. We’ve written about the damage [...]

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