Medical Malpractice

Medical Malpractice Claim Denied for New York Woman with Surgical Camera Lodged in Intestines

Published on: September 22, 2017 | By DeFrancisco & Falgiatano

A recent court decision highlights the careful distinctions courts make in interpreting the New York medical malpractice statute of limitations. In Leace v. Kohlroser, the plaintiff was treated by a gastroenterologist for Crohn’s disease. She underwent a capsule endoscopy under his care, and he advised her to swallow a capsule camera. The capsule camera transmitted images during a procedure, and the camera was supposed to pass through her in the normal course of digestion. Approximately a year later, the plaintiff received a CAT scan that revealed that the camera was still inside her intestines. The plaintiff alleged that she was never advised of the results of this CAT scan. Two years later, another CAT scan revealed the continued presence of the camera inside her intestines, and the camera had to be surgically removed.

The plaintiff filed a lawsuit against her doctors and his medical group for medical malpractice and lack of informed consent. The defendants moved to dismiss her lawsuit, asserting that it was time-barred under the 30-month statute of limitations under New York law. The trial court granted the defendants’ motion, and the plaintiff appealed the decision.

Although the general rule is that a medical malpractice lawsuit must be commenced within 30 months from when the medical error occurred, an action based upon the discovery of a foreign object allows the patient to file a lawsuit within one year of the date of discovery. However, the relevant New York statute draws a distinction between a “fixation device” and a “foreign object.” The extension does not apply to a “fixation device.” Case law has interpreted the meaning of “foreign object” to include items like surgical clamps or paraphernalia (e.g., scalpels, sponges, drains) inserted into a patient’s body to carry out a surgical procedure.

New York Malpractice Decision Raises Unique Considerations for Psychiatry Cases

Published on: September 18, 2017 | By DeFrancisco & Falgiatano

A New York appeals court recently decided the case of a teenager who committed suicide on the night he was discharged from the emergency room. The court acknowledged the tragic circumstances of his death but ultimately affirmed the trial court’s decision for the defendants. This case shows the unique evidentiary considerations facing plaintiffs when attempting to show New York psychiatry malpractice, which is not as observable as other forms of malpractice.The patient was admitted to the Cayuga Medical Center emergency room after his school nurse observed that he had mood swings and suspected that he might have used illegal drugs. The patient was previously treated at the same hospital, a year before, for suicidal ideation, self harm, and rapid mood swings, and the hospital’s psychiatrist diagnosed the patient with a mood disorder brought on by substance abuse. The psychiatrist did not examine the patient personally when he was admitted for the second time. Instead, the psychiatrist referred to his notes from the patient’s earlier visit, as well as a mental health evaluation conducted by the emergency room nurse, and consulted the patient’s outpatient therapist, who said that although the patient was abusing drugs, he had not expressed suicidal tendencies. The patient was released from the hospital. Later that same night, after returning home, he committed suicide.

The patient’s parents sued the psychiatrist, Cayuga Medical Center, and the management company, Cayuga Emergency Physicians LLP, alleging medical malpractice, among other causes of action. The trial court granted summary judgment in favor of the defendants, and the plaintiffs appealed the decision. The court of appeals affirmed the trial court’s decision because the plaintiffs could not show that the physicians breached the appropriate standard of care. Instead, the court found that the plaintiffs were merely alleging that the doctors erred in their professional judgment.

New York Woman Dies After Undergoing Buttock-Enhancement Procedure

Published on: September 15, 2017 | By DeFrancisco & Falgiatano

New York law imposes extensive regulatory requirements on medical professionals to help ensure that patients are receiving high-quality care. These safeguards are not always effective to prevent New York medical malpractice, and recent news reports show that doctors are performing unlicensed buttock-enhancement surgery. The silicone injection products are not FDA-approved, and the doctors are not qualified to perform the procedure. The consequences have included deformation, amputation, and even death.A New York woman seeking buttock-enhancement surgery met with a doctor in a local donut shop. The doctor then had the patient wait inside the donut shop until a “nurse” came to meet her and bring her to an apartment for silicone injections. The woman received the silicone injections in her buttocks and hips. She called 911 on the night following the procedure, reporting that she felt dizziness and chest pains. She was rushed to the hospital and slipped into a coma, after which she was later pronounced brain-dead. She was taken off life support a short time later. It’s possible that the injection was made into a blood vein, and as a result, the silicone entered her blood stream, where it passed to her heart and brain.

New York law enforcement searched the apartment where the procedure was performed. They found surgical supplies and drugs used to numb skin. The family of the deceased woman filed a lawsuit against the doctor, and it’s likely that criminal charges will also be brought against the doctor. In fact, an unlicensed Florida doctor was recently sentenced to 10 years in prison following a similarly botched procedure.

Report Shows History of Medical Malpractice at Syracuse VA Medical Center

Published on: September 5, 2017 | By DeFrancisco & Falgiatano

The United States established the Veterans Health Administration to provide health and medical services to veterans. The program helped establish hospitals, clinics, and medical centers aimed at assisting veterans and is run by the federal government, which means the medical professionals working at the facilities are usually considered federal employees.As with any medical center, physicians perform risky procedures and sometimes make mistakes that injure people and lead to New York medical malpractice claims. Through a Freedom of Information Act request, the Department of Veteran Affairs released information regarding thousands of claims against various VA medical centers for an approximately 20-year period. The report shows that the Syracuse VA Medical Center ended up paying out approximately $2 million in claims.

The claimants were not always permitted to file lawsuits for medical malpractice against VA medical centers. Because of governmental immunity, lawsuits were not permitted until the passage of the Federal Tort Claims Act in 1946. The law waives governmental immunity and gives veterans the right to recover money damages from the federal government for injuries caused by the medical malpractice of federal employees.