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Category: Medical Malpractice

NYC Pays Millions in Settlement for Medical Negligence Claims Yearly

While medical malpractice seems like a scary thing to fathom, it happens more often than we would like to believe. Moreover, medical malpractice lawsuits get some of the biggest payouts in the United States, especially in NYC. On average, a serious case of clinical negligence pays out more than $650,000 in a settlement. The city made the single largest payout of 2015 against a medical malpractice lawsuit filed by an autistic woman against the Health and Hospitals Corporation, NYC. 

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Medical Errors: 3rd-Leading Cause of Death in the U.S.

When people seek medical treatment, they do so with faith that everything goes well. Yet, medical errors do happen. 

A recent study revealed that the 3rd-leading cause of death in the U.S. is a medical error. It is a form of medical malpractice, following heart disease and cancer. 

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SUNY Surgeons Were Fired After Blowing the Whistle on Medical Malpractice

SUNY Downstate Medical Center in Brooklyn, NYC, came under fire when two top transplant surgeons blew the whistle on medical malpractice, lack of patient care, and understaffing at the hospital’s cardiothoracic surgery department and cardiothoracic intensive care units and were subsequently fired.

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The Four Most Common Medical Malpractices in NYC

When health care providers commit medical malpractice, it means they deviated from fulfilling their duty of properly treating and caring for their patients. Medical negligence could leave the patient with significant injuries or severe complications and even lead to the patient’s death. The resulting emotional and financial strain on the victims’ families often results in the filing of big medical malpractice lawsuits.

Medical negligence is the third leading cause of deaths in the US, with around 250,000 patients dying from medical errors every year. New York City is among the top US cities where medical malpractice cases are rampant. NYC resolved 13,712 cases of medical malpractice in 2019 for a payout of $975.0 million. In 2018, the city paid $1.1 billion in medical negligence compensation against 14,390 lawsuits. 

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How a Mother Won $1 Million in Medical Malpractice Lawsuit

Lucia Ferreira, 24, won $1 million in a medical malpractice lawsuit against a Brooklyn hospital in 2006 for her first child’s death during delivery in 1997. Ferreira and her husband were excitedly awaiting the birth of their first child – a daughter. She was seven months pregnant when she went into rapid labor at home on July 1, 1997. 

Unfortunately, complications arose as the baby ended up in a footling breech position, with her head stuck in the birth canal. The baby asphyxiated as she was receiving no blood or oxygen through the umbilical cord and was pronounced dead on arrival at the hospital. 

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Bronx Woman Won $110 Million Medical Malpractice Lawsuit

A Bronx woman was awarded $110 million in 2019 against her medical malpractice lawsuit against the St. Barnabas Hospital. Keimoneia Redish sued the hospital and several of its doctors for mishandling her asthma attack in Dec. 2010, according to the NY Daily News.

The 48-year-old grandmother was left hospitalized and confined to a nursing home for almost a year after the Hospital’s doctors mishandled her asthma attack, triggering a severe brain injury. She ended up with speech and motor defects, leaving her crippled and suffering for life. 

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NY Court of Appeals Increases Malpractice Lawsuit Award to $1 Million

The New York Court of Appeals added over $400,000 to the medical malpractice lawsuit award that was initially reduced to $650,000. The New York Court of Appeals added over $400,000 to the medical malpractice lawsuit award that was initially reduced to $650,000. 

The jury deemed it right that the plaintiff should be awarded $2.5 million for the pain and suffering she experienced because of the malpractice. However, the judge in charge of the trial agreed with the defendant and slashed the award to $650,000.  However, in June 2020 the Supreme Court of New York Appellate Division overturned that decision. 

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Medical Malpractice Cap Voting in California Moved to 2022

Californians will have to wait until the end of the COVID-19 pandemic before they can vote for the increase in the medical malpractice cap of the state. Proponents for this initiative have announced that they have collected over 900,000 signatures that are enough for the change of the Medical Malpractice cap of California to be permitted to qualify for the November 2022 ballot.

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What is the Statute of Limitations in Medical Malpractice?

The statute of limitations is the part of the law that sets the maximum time in which a person or an entity can initiate legal proceedings from the date of the alleged offense. These times differ between states and between the different areas of law. This period usually depends on the nature of the offense, thus in the context of medical malpractice, the statute of limitations refers to how long you have from sustaining your injury (due to malpractice) to filing a medical malpractice lawsuit.

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