Articles Posted in Medical Malpractice

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The partners and staff at Queller, Fisher, Washor, Fuchs & Kool, LLP wish to extend congratulations to our partner, Christopher L. Sallay, for his inclusion in the 2017 New York Edition of Super Lawyers. This marks the 5th year in a row that Chris has been included in Super Lawyers. Additionally, our firm is incredibly proud to have five(5) of our lawyers included in Super Lawyers.

Chris has extensive experience in high profile personal injury cases in the areas of medical malpractice, motor vehicle accidents, construction accidents and products liability. Chris is responsible for all aspects of litigation, from the initial meeting of clients through the ultimate resolution of the case and has tried cases in both New York and New Jersey. He is admitted to the Bar of New York and the Bar of New Jersey in addition to the Federal Courts of both states, and has practiced extensively in those Courts. Chris has exceptional skills in the taking of depositions and has traveled throughout the country deposing necessary parties and witnesses. His skills in questioning medical professionals and confronting them with verifiable medical facts and principles have led to the swift and favorable resolution of multiple malpractice claims. His background and training in computerized legal research has proven to be an invaluable aid in the preparation of motions and appellate briefs for submission to the Appellate Divisions and the Court of Appeals. Chris believes that hard work is the hallmark of a great attorney and is the only way to truly represent the interests of a client. It is this conviction and attention to detail that has led to the significant resolutions of cases which involved difficult or unique legal questions.

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

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An air conditioning failure due to power loss resulting from Hurricane Irma claimed the lives of 6 elderly residents of a Florida nursing home. According to CBS New York, a criminal investigation is underway concerning the nursing home for their failure to evacuate the residents and a failure to have the air conditioning connected to the backup generator. Reports indicated that the facility did have a backup generator, but that it was connected to the kitchen for cooking purposes. Temperatures reached into the upper 80s following the Hurricane and these residents were forced to deal with the oppressive heat, despite many having pre-existing medical conditions.

Nursing home abuse and neglect is a serious problem in our country as too often, the elderly are the victims of poor care and cost-cutting fallout. The above-described incident in Florida could potentially form the basis for a medical negligence or general negligence claim should this tragedy have occurred in New York. There are laws in place which protect our elderly citizens and insure that nursing homes provide the proper and expected care that they deserve.

If you or a loved one have experienced negligent care and treatment at a nursing home in New York, you may have the basis for a lawsuit. If so, Queller, Fisher, Washor, Fuchs & Kool will give you a free review of your legal options. Fill out our case review form or call 212-406-1700 to schedule your free consultation.

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The partners and staff of Queller, Fisher, Washor, Fuchs & Kool, LLP wish to congratulate our partner, Matthew Maiorana, for being included in the 2017 edition of New York Super Lawyers. This marks the 5th straight year that Matt has been included in this publication.

After spending years in practice defending the City of New York, Matt decided to represent private individuals injured through the negligence of others. Today, his practice focuses on the litigation and trial of medical malpractice, serious injury and wrongful death claims. To the surprise of nobody, Matt’s career continued to experience the same level of success that he always enjoyed. Over the past few years representing plaintiffs, he has recovered millions of dollars for his clients and their families.

Matt has developed a significant expertise in the field of medical malpractice and devotes a large percentage of his practice to this area of personal injury law. According to the Institute of Medicine of the National Academies of Science, medical errors constitute a leading cause of death and injury to Americans. Medical errors take many different forms and arise in different contexts. Matt has successfully represented victims of malpractice and their families across the spectrum of medical errors, including failures to diagnose or treat serious diseases, surgical errors, medication errors, and birth injuries.

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JAMA – the Journal of the American Medical Association – recently published an article which encourages doctors to review and participate in medical malpractice cases, whereas medical professionals have been reluctant to do so in the past. The article by Dr. Jeffrey L. Brown, is entitled “Trials and Tribulations” and offers a physician’s perspective on the role of an expert in a medical malpractice case, which is helpful to both plaintiffs and defendants.

The author, Dr. Brown, correctly points out that honest, objective opinions from qualified medical personnel are helpful to either side of the litigation in medical malpractice cases. When a patient undergoes medical treatment, they expect their physician to act in a safe and responsible manner. When a medical provider acts negligently, however, the results can be devastating for the patient. It is critical for both patient and doctor to know if there was medical negligence involved that resulted in unnecessary harm to a patient. In this regard, it is critical for experienced, ethical and competent medical providers to not stand on the sideline like so many are inclined to do. It is the responsibility of medical professionals to either defend other medical professionals when they are wrongly accused or to police medical professionals to insure that the appropriate standards of care are maintained.

For too long, medical professionals contacted on behalf of injured patients were reluctant to get involved for fear of backlash or retaliation from medical providers or other factors within the medical community. This article represents a much-needed affirmation that the primary goal of medicine is to help patients. By agreeing to be experts in cases involving claims of medical malpractice, doctors can continue to insure that the best possible care is being provided.

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The partners and staff at Queller, Fisher, Washor, Fuchs & Kool, LLP wish to congratulate our partner, Barry Washor, for being named to the 2018 New York Super Lawyers. This is the 11th straight year that Barry has been included in Super Lawyers. We are all proud of Barry and this recognition of his incredible legal acumen and outstanding career in the law.

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

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Cosmetic procedures at New York clinics are the subject of much scrutiny and publicity in recent years. Questions exist over their regulation, licensing, and safety protocols. Another tragedy, reported by CBS New York, involved the death of a 31-year old Harlem woman named Latesha Bynum who passed away shortly after she received a cosmetic injection into her buttocks. Questions arose as the “clinic” where the procedure was done appeared to be in a purely residential building. Although it was reported that the people working there were licensed medical professionals, a police investigation is ongoing.

The police investigation should be the start, not the end, of the inquiry into this tragedy. The death of this woman could be potentially due to an act of medical malpractice which should be fully investigated by competent New York Medical Malpractice attorneys who can insure that justice is provided to the family of Ms. Bynum.

Individuals who have suffered an injury or lost a loved one due to medical negligence should seek the counsel of a skilled malpractice attorney. Medical negligence cases can be expensive and time consuming, necessitating the hiring of a law firm that has the resources to adequately handle these cases. Hiring skilled representation can mean the difference between a favorable verdict or settlement and disappointment.  At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have the skill and resources necessary to properly handle medical negligence cases.

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Individuals who have suffered an injury due to a botched surgery can face many hardships. Surgical malpractice may cause patients to suffer serious injuries and may be fatal in some cases. A recent trend involves patients seeking medical treatment overseas due to a variety of reasons, mainly involving the costs associated with elective procedures which are not covered by insurance. Unfortunately, as is too often the case, many foreign countries do not have the same standards for health care and medical treatment as can be found in the U.S.A. When a mishap occurs overseas, a patient or their family may have a remedy limited by the laws of that country or they may have no remedy at all.

Recently, a young woman died as a result of a botched plastic surgical procedure performed in the Dominican Republic according to an article in the New York Daily News. This 25-year old Bronx mother of two died from what was a likely act of medical malpractice in the Dominican Republic. Had this surgical procedure occurred in New York with the same tragic outcome, New York law would provide a remedy for her loved ones to ensure that the responsible parties could be held civilly liable. In this way, her children would potentially receive some financial security as some compensation for the loss of their mother.

However, when a tragedy like this occurs due to negligence in a foreign country like the Dominican Republic, New York law may not apply and their likely will be no basis to sue the culprit surgeon in New York absent a showing of some connections to New York. The most likely situation will be one wherein any lawsuit will have to be brought in the Dominican Republic and subject to their laws. This is not a factor for many people in deciding to have elective surgery in a foreign country, but it is an unfortunate reality when something goes wrong.

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Lung cancer is among the deadliest form of cancer in the United States today. Due to the high fatality rate associated with lung cancer, successful treatment relies on the cancer being identified in its earliest stages. Early and accurate diagnoses often make the difference between life and death. In a recent article by CNN Health, doctors reveal 10 things they want the public to know about lung cancer.

Unfortunately, seeing a doctor doesn’t necessarily ensure that a patient will have their cancer properly identified. Unfortunately, it is not uncommon for doctors to misdiagnose their patient’s cancer symptoms. In many cases, a doctor’s misdiagnosis of a patient’s lung cancer may be the result of negligence. If negligence was the cause of the lung cancer misdiagnosis, the sick patient may be able to file a medical malpractice lawsuit.

Are you or someone you love suffering from lung cancer? Did the doctor initially misdiagnose the cancer? If so, you may be able to recoup compensation for your hardships. For a free review of your legal options, call 212-406-1700 or contact us online.

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Lyme disease season in New York is expected to be the worst ever according to experts. As reported by CBS New York, there has been a population explosion of the white-footed mice that host the Lyme-carrying ticks. The early diagnosis and treatment of Lyme disease is critical in terms of overall patient health and curability. It is expected that over 300,000 people will get Lyme disease this year as a result of a tick bite. Of course, there are measure to be taken to prevent tick-bites including clothing choices and tick-repellant. If you are bitten by a tick, and have the classic symptoms such as a bulls-eye rash and flu-like symptoms, the best course is to consult a doctor immediately,

The standard of care for doctors treating Lyme disease is a course of antibiotics, with the most common being doxycycline, of the tetracycline class. The antibiotic is quite effective and easy to take, assuming the correct diagnosis is made. Unfortunately, early treatment is not always started because the doctor fails to notice the rash or appreciate the other symptoms associated with Lyme disease. Under these circumstances, Lyme disease can become a chronic infection with lasting effects including Bell’s palsy, where you have partial paralysis of a facial muscle, arthritis and impaired concentration. A doctor who fails to appreciate the signs and symptoms of Lyme Disease may be civilly liable for medical malpractice.

Doctors have an obligation to follow certain protocols when diagnosing a patient. When doctors fail to follow the accepted process of the medical community, and misdiagnose a patient, they can be found liable for any additional damage that occurs. Doctors can be found liable if they did any of the following and further injury or sickness occurred:

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Health insurance is a business. Often times, their decisions are driven by loopholes, finances and bureaucracy. In a recent article, CNN reports about the effects that health insurance denials have on a class of patients suffering from immunodeficiency. These patients require this treatment to enable them to lead normal lives. According to the CNN Article, “35,000 to 50,000 people in the U.S. are estimated to be dependent on medications to treat primary immunodeficiency diseases — about 300 rare conditions in which the immune system doesn’t function properly, or at all. The medication, known as immunoglobulin replacement therapy, replaces antibodies that the body doesn’t make. It can cost tens of thousands of dollars each year.”

The reality is that this medicine is expensive and insurance companies have an incentive to deny treatment by making patients and health care providers dodge as many roadblocks and jump through as many hoops as possible. Unfortunately, litigation for breach of contract can become necessary to hold certain health insurance companies responsible for unreasonable denials. A potential offshoot of this problem is that health care providers may not recommend or request necessary treatment due to fears of health insurance approval. This would be potentially considered medical malpractice but it is an unfortunate reality.

If you need medical malpractice representation, it is important to retain a skilled attorney. Queller, Fisher, Washor, Fuchs & Kool, L.L.P., was formed by the merger of two major New York medical malpractice and personal injury law firms. We have the experience to handle any case, no matter how complex. For a free consultation, please call our New York medical malpractice attorneys at 212-406-1700 or contact us on-line