Tag Archives: medical malpractice

G&S Obtains Dismissal of Med-Mal Wrongful Death Action for Lack of Jurisdiction

Plaintiff brought wrongful death action alleging medical malpractice of our client, an internist, based on his alleged failure to detect and treat the plaintiff’s brain and lung cancer.

We moved based on our defense our client was never properly served with process at her actual residence or place of business.  Initial service was made at a hospital where she had formerly worked and later served at a condominium she owned, but had always leased to a tenant.   Plaintiff never effectively refuted our claim of lack of service, and, in fact, cross-moved for our client’s proper address for re-service.  The issue of service was of critical importance because the statute of limitations had expired. Continue reading

G&S Obtains Defense Verdict for OBGYN Clients

A pregnant woman close to full term came to the emergency room for the third time in a week with complaints of headache.  While in the ER she had what was believed to be a seizure. Our doctors were called in and treated her under the presumption that she had eclampsia, a life threatening condition for the mother and baby.  Our clients stabilized her and delivered a healthy boy. They admitted her to the ICU and ordered a work-up including head CT scan.
A few hours later she had a hemorrhage and eventually died.  It turned out she had hydrocephalus which could have been picked up with an MRI or CT scan and treated.

The ER doctors who saw her on the 3 occasions were found to be negligent for not getting scans. Plaintiff claimed our clients should have done it too. Ed Dondes  argued on behalf of our clients that the presumption that she had eclampsia was proper and treatment was stabilization and delivery with the order of a head scan after delivery, which was appropriate given the emergent  circumstances.

Gordon & Silber Obtains Jury Verdict for Hospital and Hospital Physician

Arthur Cohen Obtains Jury Verdict in Favor of Hospital and Hospital Physician In Medical Malpractice Claim For Death of Patient After Surgical Placement of a Vena Cava Filter. Supreme Court, Westchester County – 2015.

Decedent, then a 72-year-old, was admitted to our client’s hospital for the treatment of a deep vein thrombosis and expired five days later. Plaintiff was treated with the insertion of an inferior vena cava filter to prevent stroke. When codefendant surgeon placed the filter it did not open completely and migrated into the superior vena cava. A second filter was deployed without complication. A decision was made to allow the first filter to remain in place temporarily. The decedent remained hospitalized and came under the temporary care of our client physician. After being given pain medication for a preexisting back problem he became unresponsive but was revived by our client’s rapid response team and was transferred to the ICU where he stabilized. While in ICU he experienced kidney failure with dropping blood pressure and went into cardiac arrest and died. The autopsy revealed the cause of death was an accumulation of blood in the pericardial sac with two legs of the filter dug into the wall of his heart. The demand throughout the trial was $10 million. Continue reading

G&S Obtains Defense Verdict in Death Claim

Gordon & Silber represented an internist/rheumatologist in a case of medical malpractice.   Plaintiff’s decedent was his long-time patient.  Although he was healthy, he had some issues including reflux disease, obesity, hypertension and high cholesterol putting him at risk for heart disease. He presented in February 2008 with chest pain.  Our client sent him to a cardiologist for a work-up.  His stress test and echocardiogram showed no signs of coronary artery disease. He had no more problems until May 2010 when he again presented to our client with complaints of chest pain. Our client did not believe the pain was cardiac in nature. Rather, he believed it might be an esophageal spasm which can cause chest pain.  He recommended an anti-spasmotic medication and advised him to return if he wasn’t getting better. Instead of returning he went to a gastro-intestinal doctor (“GI”) in August 2010. The GI diagnosed him with erosive gastritis and put him on some medication. He returned to our client in October 2010 for a flu shot.  He advised our client’s nurse that he was still having chest pain. After our client spoke with him and ascertained he wasn’t having any symptoms he strongly recommended to the decedent that he go see a cardiologist. He never followed up with a cardiologist and died of a heart attack in December 2010.  He was divorced with 2 kids (22 and 18) and was earning over $200k per year. At trial his estate asked for $ 2 million in lost earnings, $1 million for loss of guidance and $250k for pain and suffering.

We called a cardiologist who maintained that our client acted appropriately.  Through our expert and our client we established that his exams, assessment and recommendations were appropriate. We also called the plaintiff’s fiancé, a nurse, on our case and obtained an admission from her that she repeatedly asked him to go to a cardiologist between October and December. She also tried to call an ambulance for him about 24 hours before he died because he was having chest pains.


Chiropractic Malpractice Does not Qualify for Medical Malpractice 2 1/2 Year Statute of Limitations

In an important decision to those involved in the field of chiropractic malpractice, the First Department decided on February 6, 2014 in the case Perez v. Fitzgerald, that the 2½ statute of limitations for medical, dental and podiatric malpractice (CPLR 214-a) does not automatically apply to chiropractic malpractice actions.

Ms. Perez sued her chiropractor Fitzgerald, for failure to diagnose a tumor in her neck.  She had originally presented to him in May 2005 after a car accident complaining of neck pain.  He ordered an MRI and reviewed the radiologist’s report which indicated she had a number of herniated/bulging discs with no mention of a tumor. Continue reading