New York Malpractice & Injury Lawyer Blog

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…

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…

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…

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,…

A jury in Minnesota has awarded $9.1 million to a former auto mechanic after he suffered spinal cord damage and paralysis in a 2012 surgery. Attorneys for Joseph Lakoskey said that the actions of an anesthesiologist left him dangerously dehydrated before surgery at North Memorial Medical Center in Robbinsdale to repair a perforated bowel, the…

The legal representatives for the family of a woman who died after open heart surgery in 2011 appeared before the Missouri Supreme Court. They are arguing that the state’s cap on how much the survivors of medical malpractice lawsuits can receive is unconstitutional. If the family prevails in the case, it could mean that another…

A jury in Crawford County has awarded a former Pennsylvania logger and his family $2.2 million in their medical malpractice lawsuit against an area hospital. The plaintiff, Robert Anthony, 50, and his wife and caretaker, Tina, allege that Titusville Area Hospital didn’t properly examine Robert Anthony after a 500-pound treetop slammed into Anthony’s back in…

According to Cook County Court documents, Brian Fahey filed a lawsuit on October 19th at the Cook County Circuit Court against Parkview Orthopedic Group, also known as Parkview Musculoskeletal Institute, and Dr. Anis Mekhail. Fahey alleges that the defendants are responsible for injuries that he suffered during a procedure performed on May 26, 2009 by…

The family of a man who died after a physician failed to diagnose his liver cancer has been awarded $7 million by a Sussex County Jury. The malpractice lawsuit brought by the surviving family members of Glenn Garofano Sr. of Hardyston, was filed in Superior Court in Sussex County in 2012. Garofano died in 2011.…

It’s unfortunate with the high cost of healthcare in this country that healthcare fraud cases are becoming more prevalent, in spite of the government cracking down on the practice more severely than it has in previous years. Such is the case of the owner of two Brooklyn-based medical clinics, Valentina Kovalienko. Kovalienko entered a guilty…