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April 2015 Archives

Breakthrough intersex medical malpractice suit

In legal terms, medical malpractice is a huge umbrella under which a large number of situations can fall. Anything from surgical error to medical negligence can be considered medical malpractice under the right conditions. There are also a number of unusual cases that could be considered medical malpractice.

Unnecessarily administering antipsychotics in nursing homes

Here at Futterman, Sirotkin and Seinfeld, we know how difficult it can be to place your parent or grandparent in a nursing home. However, many New York residents do so because they feel these facilities will provide the best care for these elderly loved ones. It is not surprising, then, that these families become outraged if they discover that these facilities are overmedicating or abusing patients. When such activity is discovered, we help families seek justice for their loved ones’ physical and emotional injuries.

Off-label drug use: The Cytotec controversy

Off-label drug use is an issue that concerns many New York residents. According to the Mayo Clinic, this phrase describes the practice of using a drug for a purpose that is not listed on the label. The United States Food and Drug Administration only approves pharmaceuticals for the uses that are on these labels. As such, any off-label drug use has not been vetted through the FDA’s approval process.  

What is the "Loss of Chance" doctrine?

Those in New York City who are familiar with medical malpractice lawsuits may believe that when it comes to compensation, the rules are fairly cut-and-dry: if one is able to prove that the unsuccessful outcome of a case was more than 50 percent due to the negligence of a doctor, he or she is awarded damages. However, if the doctor's liability is determined to be less than 50 percent, the claimant receives nothing. Yet this philosophy does not hold for all cases involving alleged physician negligence. If applicable, a plaintiff can be awarded damages based upon the 'Loss of Chance" doctrine.

The misdiagnosis of ectopic pregnancy

For Queens couples going through pregnancy, their thoughts are often fixed on their impending arrival and the happiness that it's sure to bring to their lives. In all of this euphoria, it may be easy to forget that even though modern prenatal care has made pregnancy seem relatively easy, a lot can still occur that can endanger not only the life of the baby, but the mother as well. Often, doctors have little to no control over the complications that can occur during pregnancy. However, an inadequate response to these problems can easily necessitate the involvement of Queen's birth injury lawyers.

What is the common type of surgical error?

Countless people in Kew Gardens choose to undergo surgical procedures every year. In doing so, they place a great deal of trust in the surgeons, technicians, and anesthesiologists caring for them. While advances in surgical science have helped to lower the risk of surgical complications over the years, simple human error still allows for errors in the operating room. This may lead many to ponder the question of what is the most common form of surgical error.

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