Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
212-227-2780

A brief explanation of failure to diagnose

Medical malpractice is a wide ranging issue that many patients face for one reason or another. Medical malpractice can occur without notice and to anyone receiving medical care. It doesn't only happen when a person goes under the knife or laser for some form of surgical procedure. Here is a brief explanation of failure to diagnose in New York.Medical malpractice is defined as the failure to treat a patient in accordance with good and accepted medical practice. In order to bring a medical malpractice lawsuit a doctor must first be retained to review the patient's medical records and then must provide an opinion that the treatment provided was not in accordance with good and accepted medical practice and that this failure cause an injury that caused the patient pain and suffering.

Discovering Medical Malpractice Years after Death

Q: Is there a time limit on bringing a medical malpractice case? There is a special kind of grief when a loved one goes into the hospital for surgery and doesn't come out alive. The unexpected death may leave surviving family members not only grief stricken or in financial distress, but even second-guessing the decision to have had the surgery. Could there have been medical malpractice? Imagine accepting and struggling through this loss without question only to find out several years later--through a reporter reaching out to you--that there was an investigation into your loved one's death, that the surgeon involved was fired and fled to another state, and that he is no longer licensed to practice in the state. That's what happened to two families whose loved ones were operated on by the same young cardiothoracic surgeon, a month apart in the summer of 2011. Both patients had heart bypass and/or heart valve repair/replacement surgeries, both experienced extended time on cardiopulmonary bypass machines, and both died in the hospital after surgery. The two back-to-back deaths prompted a state investigation wherein questions were raised regarding the surgeon's decisions to continue an attempted challenging artery harvest rather switching to a vein harvest in one patient and the decision to attempt and continue with a challenging valve repair instead of a valve replacement in the other patient. The surgeon was first licensed to practice in the state in May, 2011. The hospital terminated the surgeon, who denied any unprofessional conduct, in October 2011. But the families of the deceased patients were never notified about the investigation or termination until contacted recently by a reporter. Laws vary from state to state regarding the amount of time one has to commence a lawsuit or forfeit the right to do so--this time limit is referred to as the "statute of limitations". And the time limit differs depending on the type of claim, with New York wrongful death claims having one of the shortest deadlines--just 2 years from the death of a loved one due to the negligent or reckless actions of another. In New York, medical malpractice claims must be commenced within 2 ½ years from the date of the incident or the cessation of continuous treatment. So it's important to contact an attorney who specializes in medical malpractice as soon as you suspect that the doctor who caused injury to you or your loved one departed from good and accepted medical practice during the treatment. Even if you think too much time has lapsed, an experienced attorney can assess your situation to determine whether any tolling provisions may apply or whether commencing an alternative claim with a longer statute of limitations might still be possible. The Manhattan law firm of Jaroslawicz & Jaros has represented those who've suffered injuries or have died as a result of medical malpractice for over 40 years. Contact us for a free consultation at (212) 227-2780 or (800) 269-2780.  

Filing a Medical Malpractice Lawsuit for Birth Injuries

Birth injuries are some of the most devastating consequences of medical malpractice. They can cripple a child for life. Although no amount of compensation can undo this tragedy, filing a medical malpractice lawsuit can help you recover the funds to pay for ongoing medical treatment and other damages.

Park Avenue Podiatrist Under Investigation After Bill for Simple Foot Procedure Costs More Than Heart Surgery

A case involving a high-profile Park Avenue Podiatrist is garnering media attention and considerable local scrutiny for what many in the medical and legal communities believe are outrageous charges. The case - which is profiled in a recent New York Post ­article - involves a questionable bill for two simple foot procedures. Jaroslawicz & Jaros is representing the woman who underwent the procedure and her husband in this matter. A Questionable Bill The podiatrist - Suzanne Levine - is a well-known specialist who caters to celebrity patients and has been featured on a number of television shows, including Dr. Oz. She has gained notoriety for offering procedures such as foot facelifts, Botox injections to smooth out imperfections in the feet, and Juvéderm injections to cushion pads of the feet when wearing high heels. Although there are no laws regulating prices for podiatrist procedures in New York, the prices Levine's office billed this particular patient were concerning. Levine performed two procedures to straighten two of the patient's toes. Both procedures were performed in-office and took less than 30 minutes each. Other Podiatrists in the area, including the Upper East Side, charge less than $3,000 for such a procedure. Levine's office, however, charged nearly $200,000. Although the patient was assured that the procedures would be covered by her insurance, Levine's office billed the patient $6,000 and then attempted to recover more from her insurance provider, United Healthcare. The patient' insurance company agreed to pay $170,940 and an additional $4,158 in interest - more than the cost for major heart surgery. Levine's office attempted several times to recover the insurance check that was mailed to the patient and her husband for endorsement. Skeptical and concerned by the monstrous charge, the patient's husband asked for a statement, which revealed two "surgical operating room charges" at $86,450 apiece. Protecting Clients' Rights When contacted by the New York Post, Levine's office claimed that the check had been issued in error, that a corrected claim had been submitted, and that Levine herself was not aware of the mistake or her office manager's attempts to obtain the check. United Healthcare has launched an investigation into the questionable charges and has suspended payment while the investigation in pending. The patient and her husband intend to hold onto the uncashed check until a resolution is reached. Although the billing issue is still being investigated, many believe that the egregious charges are a case of professional malpractice and potential insurance fraud. At Jaroslawicz & Jaros, our legal team is passionate about protecting the rights and interests of our clients, as well as recovering their losses. You can read more about this case on this New York Post article.

Park Avenue Podiatrist Under Investigation After Bill for Simple Foot Procedure Costs More Than Heart Surgery

A case involving a high-profile Park Avenue Podiatrist is garnering media attention and considerable local scrutiny for what many in the medical and legal communities believe are outrageous charges. The case - which is profiled in a recent New York Post ­article - involves a questionable bill for two simple foot procedures. Jaroslawicz & Jaros is representing the woman who underwent the procedure and her husband in this matter. A Questionable Bill The podiatrist - Suzanne Levine - is a well-known specialist who caters to celebrity patients and has been featured on a number of television shows, including Dr. Oz. She has gained notoriety for offering procedures such as foot facelifts, Botox injections to smooth out imperfections in the feet, and Juvéderm injections to cushion pads of the feet when wearing high heels. Although there are no laws regulating prices for podiatrist procedures in New York, the prices Levine's office billed this particular patient were concerning. Levine performed two procedures to straighten two of the patient's toes. Both procedures were performed in-office and took less than 30 minutes each. Other Podiatrists in the area, including the Upper East Side, charge less than $3,000 for such a procedure. Levine's office, however, charged nearly $200,000. Although the patient was assured that the procedures would be covered by her insurance, Levine's office billed the patient $6,000 and then attempted to recover more from her insurance provider, United Healthcare. The patient' insurance company agreed to pay $170,940 and an additional $4,158 in interest - more than the cost for major heart surgery. Levine's office attempted several times to recover the insurance check that was mailed to the patient and her husband for endorsement. Skeptical and concerned by the monstrous charge, the patient's husband asked for a statement, which revealed two "surgical operating room charges" at $86,450 apiece. Protecting Clients' Rights When contacted by the New York Post, Levine's office claimed that the check had been issued in error, that a corrected claim had been submitted, and that Levine herself was not aware of the mistake or her office manager's attempts to obtain the check. United Healthcare has launched an investigation into the questionable charges and has suspended payment while the investigation in pending. The patient and her husband intend to hold onto the uncashed check until a resolution is reached. Although the billing issue is still being investigated, many believe that the egregious charges are a case of professional malpractice and potential insurance fraud. At Jaroslawicz & Jaros, our legal team is passionate about protecting the rights and interests of our clients, as well as recovering their losses. You can read more about this case on this New York Post article.

$1.25M for Medical Malpractice Victim

Jaroslawicz & Jaros, PLLC successfully represented a 48-year-old man who was a victim of medical malpractice due to the failure of his physician to diagnose nasopharyngeal cancer. He had suffered with sinusitis, bleeding from his nose, nasal congestion and hearing loss while under treatment with his doctor. These symptoms persisted for over two years yet the doctor merely prescribed antibiotics, nasal sprays and hay fever/allergy medications. Meanwhile, the undiagnosed cancer progressed from a localized, treatable cancer to a terminal form of cancer that spread. With the assistance of our medical experts, we were able to demonstrate that the doctor should have referred his patient to specialists during the time period where the cancer could have been treated and before it had spread. This claim was settled in less than two years for $1.25 million. Failure to diagnose and misdiagnosis are the most common types of medical malpractice claims. Due to failures in the diagnostic process, physicians many times fail to adequately diagnose conditions which causes patients' conditions to worsen. Nasopharyngeal cancer is a type of cancer in which cancerous cells grow in the nasopharynx, which is the region of the throat just behind the nose. This type of cancer falls into the category of head/neck cancer. Common and known symptoms of nasopharyngeal cancer include:

New York woman suffers from faked surgery

For any New York City resident who has had to undergo a surgery, the experience of just having to go under is harrowing enough. However, one recent story of what a woman suffered is likely enough to put even a New York City medical malpractice lawyer on edge. The resident stated that she went in for surgery on her right shoulder in 2005 but then the pain never subsided. She was prescribed medication and physical therapy and then finally, another surgery by a doctor who she worked with, someone she had known for more than eight years and had been friendly with. That same doctor recommended a second surgery in 2009. However, she went for a second opinion on the surgery after the pain got worse and then she got a third opinion. The third doctor finally explained why the pain was so intense- not because of surgical mistakes or surgical negligence, but because there was no operation in the first place. He discovered this because allegedly, a bone had been trimmed by two centimeters but no bone had been removed. The doctor stated he'd already seen at least 12 former patients of the doctor who was supposed to perform a surgery but failed to do so. The specific doctor currently has over 260 civil lawsuits against him and a criminal investigation. Though faked surgeries are extremely rare, they also can be difficult to spot. However, if it is found that a surgery was faked a suit may need to be brought quickly against the doctor. The reason is, the statute of limitations may have already been running for the injury, particularly if that injury had already been re-examined since the alleged surgery. As such, it is often necessary to seek an opinion on it as quickly as possible. That way, the doctor who performed the alleged surgery can be held responsible.

New York residents should watch out for pains after surgery

After having a surgery, most New York residents expect that there will be some recovery time that involves some pain. However, the amount of times that people experience pain because a surgical item, like a sponge, is left in the patient's body. This apparently happens about 12 times a day. For many patients, it may be months or even years before the surgical negligence is found. A failure to diagnose that the sponge was left in the body could cause patients permanent damage, possibly forcing them to lose parts of their intestines or even their lives. The worst part is that most of those surgical mistakes are completely preventable. Technologies exist to make sure the accidents almost never happen, but they are simply not used. For any patients who suspect that the pain they are suffering is coming from such surgical errors, it is often worth looking into it immediately. Often times Medicare will deny claims involving sponges or items left in the body, so the only avenue left to victims is to bring a medical malpractice lawsuit. On average, these suits can bring in awards of $100,000 to $200,000, depending on the severity of the case. The unfortunate reality, however, is that the patient has likely suffered severe damage at that point, so much so that it is unlikely any amount of money will bring about a full recovery. Suffering from the medical malpractice of having a sponge left behind can be excruciating and long-term. Seeking out legal help if such an item is discovery is often the best step to take. Source: USA Today, "What surgeons leave behind costs some patients dearly," Peter Eisler, Mar. 8, 2013

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