Sample Medical Malpractice Cases
Over the course of my career, I have
tried over 30 medical malpractice cases, mainly as a plaintiff
attorney. Early in my career, I defended New York City hospitals in
a number of medical malpractice cases. My experience defending these
cases has given me additional insights into the best way to pursue
medical malpractice cases on behalf of my clients.
Here are some examples of my medical malpractice cases:
$970,000 Settlement for Failure to Diagnose in Nassau
County (Medical Malpractice Case)
A fifty year-old man went to his
internist seeking assistance in losing weight. The internist put him
on
phentermine, a weight loss drug to be used for no more than
eight weeks. The physician kept the patient on the drug for two
years and failed to monitor his cardiac, circulatory or pulmonary
functions despite warnings that this drug could affect those
functions. The patient grew ill due to
pulmonary hypertension and right ventricular heart failure and
returned to see his physician. The covering physician failed to
order even basic tests and failed to detect these life-threatening
disorders. As a result, the patient’s condition worsened until taken
to the hospital where he suffered complete pulmonary failure and
nearly died. Under the treatment of new physicians, the patient has
recovered. The defense in the medical malpractice case tried to
blame the patient and the matter went to trial. Ms. Schlitt built
her case against both doctors, demonstrating that basic tests and
examinations would have detected and prevented the patient’s near
fatal condition. The defense opted to settle before jury
deliberations. The defending physicians paid a combined settlement
of $970,000.
$350,000 Settlement for Fractured Hip from Nursing Home
fall in Bronx
(Medical Malpractice Case)
An elderly resident of a Bronx nursing
home was supposed to be supervised whenever she was out of bed.
Despite the doctor’s orders, the nursing staff failed to respond to
the patient’s calls for assistance in going to the restroom.
When the patient attempted to get to the restroom on her own, she
slipped and fell, fracturing her hip. Her injury required
surgery. The lawsuit asserted that the nursing home staff
negligently failed to respond to the patient’s calls and that
negligence caused the injury when the patient tried to get to the
restroom alone. Immediately prior to trial, the nursing home opted
to pay a settlement of $350,000.
$160,000 Settlement for Injury to Brooklyn Boy in
Hospital (Medical Malpractice Case)
$150,000 Settlement for Negligent Removal of Tattoo in
Bronx
(Medical Malpractice Case)
Shortly after getting a tattoo on her
forearm and her calf, a young woman had remorse and sought treatment
from a plastic surgeon for removal of the tattoos. The doctor
advised her that he would easily cut them from the surface of her
skin with little or no scar. Instead, the doctor removed muscle and
skin leaving a noticeable depression on both her forearm and her
calf. The victim claimed that the physician had not adequately
informed her of the cosmetic risks of the procedure and the doctor
claimed that he had advised her, before surgery, that it may be
necessary to remove more tissue if the tattoo ink had penetrated
more deeply than expected. During trial, the physician opted
to settle for the plaintiff’s demand of $150,000.
$1.5 Million Sought for Wrongful Death in Nursing Home (Medical Malpractice Case)
A 60 year-old retired homemaker entered
the hospital for a hernia repair and small bowel resection due to
abdominal pain. She suffered a stroke during the surgery and her
condition required the insertion of a tracheotomy tube in her throat
to make breathing possible. She was then transferred to a nursing
home in Queens. The nursing home departed from reasonable and
customary care by failing to insert properly a tracheotomy tube in
the patient and by failing to monitor her condition. Those
departures led to the patient’s death, a fact documented by the
autopsy prepared by the New York City Medical Examiner, which found
that dislodgement of the tracheotomy tube as the primary cause of
death. The case is pending in Queens County.
Carol L. Schlitt - New York Medical Malpractice Lawyer
If you or a loved one believe you have a medical malpractice case, you should contact a New York medical malpractice lawyer. If you think you have a case or if you have questions, you can call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Medical Malpractice Attorney
1-800-660-1466
Carol@SchlittLaw.com.