New York Malpractice & Injury Lawyer Blog

Patient Alleges She Was Forced to Undergo Abortion Without Consent
Bottar Law, PLLC

A couple is suing a Torrance doctor who allegedly terminated the pregnancy of a woman without her consent because of an embryo mix-up during an in-vitro fertilization process. According to court documents, David and Melissa Pineda have named Dr. Rifaat Salem in a malpractice lawsuit after an IVF treatment that Melissa Pineda received in February…

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How Hospitals Hide Medical Malpractice
Bottar Law, PLLC

In the field of medical malpractice, there can be perceived a culture of secrecy. While hospitals may keep detailed information on specific incidents, most of the time these mistakes are kept hidden from the eyes of both the patient and from the public at large. “People who are injured as a result of medical malpractice…

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Four Caught in Medicare Fraud Scheme
Bottar Law, PLLC

Four people in Texas have been charged with allegedly paying Medicare beneficiaries with funds from illegal kickbacks. According to court documents, Ebong Tilong and Marie Neba of Sugar Land, Texas were both arrested for their alleged involvement in a multi-million dollar Medicare fraud conspiracy scheme. The home-health agency that Tilong and Neba owned and directed…

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Not All Malpractice Suits Result in Awards
Bottar Law, PLLC

Sometimes the medical outcome for a patient can cause them to seek damages for the treatment they received. That is what happened when Lisa Menschik brought a malpractice suit against her doctors, Jose Alvarez, M.D., Brent Peterson, D.O., and David Kropf, M.D. after a surgery that left her an invalid. In her suit, Menschik was…

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How does “Best Judgement” work in Malpractice Suits?
Bottar Law, PLLC

Medical malpractice lawsuits can be especially complicated. Because of legal precedent in some medical malpractice lawsuits, the courts have tended to be more deferential to the exercise of individual physician judgment in cases where judgment has been cited as a defense. The use of the “best judgement” defense began in a case in the state…

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New York Doctors Receive New Requirements for Prescribing Medical Marijuana
Bottar Law, PLLC

Doctors in the State of New York are required to attend a 4 hour continuing medical education (CME) if they want to recommend marijuana to their patients. New York state’s Compassionate Care Act was signed into law in June 2014, thus legalizing the medical use of marijuana. Physician training was established by the statute and…

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Two Suits Against Ohio State University are Settled
Bottar Law, PLLC

Two families with wrongful death and medical malpractice lawsuits filed against Ohio State University will be receiving payments of $1.7 million in settlement to their cases filed the Ohio Court of Claims. A judge approved the settlement agreements on Friday, though Ohio State University admitted no wrongdoing. The family and estate of Michael McNew, 38,…

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