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Bronx Personal Injury & Real Estate Blog

Monday, October 30, 2017

Malpractice May Occur No Matter How Experienced a Doctor May Be

Q: Is choosing the most experienced doctor for my surgery the safest choice?

No one wants to have surgery. But when it’s necessary, most people seek out the best surgeon to handle their procedure. They ask friends for recommendations and read reviews in search of a specialist-- maybe even the head of the department. Surely that’s the best person for the job, right?

According to some unhappy patients, choosing the head of orthopedic surgery could come back to bite you in the… hip. Or the knee. And could even land you in court seeking damages in a Bronx medical malpractice lawsuit.

Medical malpractice is a subsection of personal injury law. In a personal injury case, someone is injured as a result of the negligent, reckless, or intentional actions or inactions of another person or entity. When it comes to medical malpractice, the injury results from medical treatment that deviates from accepted standards of practice.

It is the victim’s burden to prove that the doctor and/or hospital staff was negligent and failed to provide a level of care commensurate to accepted medical standards and that the victim’s injury was a result of that failure. Once liability is proven, compensatory damages for the victim’s physical pain and suffering as well as past and future lost income and medical expenses as a result of the injury may be awarded.

In the event the victim dies from their injuries, a wrongful death action by the victim’s survivors may be warranted. Wrongful death actions are extremely complex with respect to what parties are entitled to sue and what damages they may be entitled to recover – – all of which differs on a case-by-case basis and is dependent upon the survivor’s relationship to the victim and other factors.

Unfortunately, choosing the most-credentialed doctor doesn't guarantee that your surgery or post-op treatment will be successful or in line with accepted medical standards. Researching a prospective surgeon’s history of malpractice suits, while recommended, is also not a guarantee of a stellar history as databases may not be updated.

A prominent orthopedic surgeon in the Bronx, New York made headlines after a local newspaper reported that four patients operated on by the then-new head of orthopedic surgery reportedly died between May and October. This "alarming pattern" reportedly "prompted complaints to state and local hospital officials" from patients. In addition, the doctor's "allegedly poor patient care" was also reportedly the subject of an anonymous letter sent by hospital staff members to a medical disciplinary panel and then copied to the newspaper.

The doctor had reportedly been hired as department chair “despite having had three malpractice settlements against him, one closed case and two more pending suits" at the time of hiring. Since then, four of his other patients (including one from a different hospital) have also allegedly sued, which would bring the total number of claims to 10. Reportedly, the hospital stands behind the doctor, who claimed the patients "had been sick with other conditions” and that no wrongdoing was found in the death cases.

If you or a loved one has been injured or a loved one has been killed as a result of medical malpractice, the Goldstein Law Firm can help you obtain the compensation to which you are entitled. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent injured victims throughout New York as well as those injured while visiting New York.

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