Medical Malpractice Law New York City, Medical Malpractice Image

Medical Malpractice Law New York City

Medical Malpractice Results in Thousands of Deaths and Injuries Every Year

Medical malpractice occurs when a medical professional, facility or hospital fails to provide adequate treatment to a patient, which results in personal injury or wrongful death. A doctor, nurse, medical technician, psychiatrist, dentist, hospital, clinic, or other health care provider should be held accountable if he or she commits medical malpractice. While a medical professional cannot guarantee the cure of or successful outcome of treatment, he or she must provide care that meets the standard of good medical practice in his or her specialty.

If you or a loved one has suffered due to medical malpractice, it is important to consult with an experienced New York medical malpractice lawyer. The Finz firm has successfully handled numerous medical malpractice cases and can help you pursue maximum compensation for the losses you have suffered.

Contact the Finz & Finz, P.C. today by telephone at  (855) TOP-FIRM or by filling out the Free Medical Malpractice Case Evaluation form, and an experienced medical malpractice litigation attorney will review your case without any cost to you.

Experienced New York Medical Malpractice Attorneys

It is estimated that medical malpractice causes up to 98,000 deaths each year. When these errors are found to be preventable or due to the negligence of a health care professional, it is medical malpractice. There are many different types of medical malpractice.

The Finz firm handles a wide range of medical malpractice cases.

A study conducted by Healthgrades found that a significant number of deaths in hospitals were the result of preventable medical errors. The Finz firm attorneys are dedicated to helping people who have suffered life-changing injuries due to negligent medical care as well as helping those who have lost family members to fatal instances of medical malpractice. Pursing a medical malpractice lawsuit not only protects your rights, but it can also make medical care safer for others.

Contact the NY Medical Negligence Lawyers at the Finz Firm

If you, a family member or a friend has suffered an injury or illness as result of medical malpractice call the Finz firm toll free at  (855) TOP-FIRM to speak with an experienced New York medical malpractice lawyer now or fill out the Free Medical Malpractice Case Evaluation form.

Related News for Medical Malpractice

Vitamin Deficiencies Can Cause Long-Term Disability

November 16, 2017 | Finz & Finz, P.C.

Wernicke’s Encephalopathy, a condition where lesions develop in the central nervous system due to a lack of Thiamine in the body, can cause long-term disability or even death.  A swift diagnosis is of paramount importance when dealing with the disease, as lesions can get worse without rapid Thiamine supplementation to combat the progress of the illness.

Continue Reading: Vitamin Deficiencies Can Cause Long-Term Disability

Instagram and Plastic Surgeons Not a Good Combination

October 11, 2017 | Finz & Finz, P.C.

Plastic surgery is a cut-throat business, with thousands of practitioners competing for customers.  Generating business is the key to generating revenue, and many plastic surgeons are motivated as much by their bottom line as by a desire to help people.  This is not true of all of them.  Some plastic surgeons specialize in reconstruction of facial abnormalities such as cleft palates, and many of them don’t even need to advertise.  But a profit motive is common.

Continue Reading: Instagram and Plastic Surgeons Not a Good Combination

Prompt Treatment Lacking at Some Medical Facilities

October 06, 2017 | Finz & Finz, P.C.

It’s been over three years since Angel Rivera was left to die in the waiting room of the ER at Lincoln Hospital in New York.  On July 19th, 2014, Mr. Rivera was brought in after suffering a head injury.  Head injuries are recognized by medical professionals as particularly dangerous, in part because so many symptoms can be hidden until it is too late, and because of the high likelihood of death or disability if prompt treatment doesn’t take place.  This is particularly true of brain bleeds and subdural hematomas, which may have few if any visible signs.

Continue Reading: Prompt Treatment Lacking at Some Medical Facilities

Colonoscopy Procedures and Advances

October 04, 2017 | Finz & Finz, P.C.

Colonoscopies are recommended for routine cancer screening for Americans over the age of 50.  Millions of these procedures are performed every year.  During a colonoscopy, a long thin tube, called an endoscope, is inserted into the rectum, then navigated by a surgeon until it reaches the colon.  Once there, a camera is used to look for polyps or any other signs of cancer or other disease.

Continue Reading: Colonoscopy Procedures and Advances

Crackdown Attempts on Medical Fads

September 27, 2017 | Finz & Finz, P.C.

Selling false hope to people suffering from significant medical issues is nothing new.  “Snake oil salesmen” traveled the Old West, peddling miracle cures that were often little more than alcohol mixed with whatever random substances the salesman had.  These “cures” never actually cured anything, but they made the huckster enough money to get by.

Continue Reading: Crackdown Attempts on Medical Fads

Contaminated Endoscope at Kaiser Permanente

August 17, 2017 | Finz & Finz, P.C.

On June 22nd, 2017, a Maryland medical facility issued a warning to patients that an endoscope used for colonoscopies was possibly contaminated.  At least 23 patients are believed to be potentially affected.  The Kaiser Permanente facility in Largo insists that proper sanitizing protocols were followed, but that a defect in the scope itself opens up the possibility for cross-contamination.

Continue Reading: Contaminated Endoscope at Kaiser Permanente

Limits on Medical Malpractice Suits in Health Bill

May 17, 2017 | Finz & Finz, P.C.

Drafting a bill is often difficult work for politicians.  This can be especially true when dealing with an issue as complex as the American healthcare system.  Determining coverage requirements and limits, addressing medication and availabilities and costs, and defining the separation between state and federal responsibilities often takes hundreds of pages.

Continue Reading: Limits on Medical Malpractice Suits in Health Bill

Finz Firm Attorney Spotlight: Ellen Sundheimer

April 03, 2017 | Finz & Finz, P.C.

April | Finz & Finz, P.C.

Continue Reading: Finz Firm Attorney Spotlight: Ellen Sundheimer

Finz Firm Spotlight: Janine Colon, Medical Malpractice Paralegal

November 10, 2016 | Finz & Finz, P.C.

It always comes back to being able to help others. That is a constant for paralegal Janine Colon throughout everything she does. A veteran Finz Firm paralegal and an essential part of the medical malpractice team from intake to trial, Janine works diligently and tirelessly to ensure her team has all the necessary parts in place for a successful outcome.

Continue Reading: Finz Firm Spotlight: Janine Colon, Medical Malpractice Paralegal

When a Doctor’s Priority Becomes Profits Over Patients

August 29, 2016 | Finz & Finz, P.C.

In February 2013, family practitioner Dr. Steven Bernhard had his medical license revoked. That did not stop the Queens doctor however from continuing to acquire diet pills and sell them to patients without any regard for their health. This went on for two years and ultimately cost one woman her life, in what can be described as the ultimate medical malpractice. Now the 66-year-old faces criminal charges including unauthorized practice of medicine, reckless endangerment and fraud.

Continue Reading: When a Doctor’s Priority Becomes Profits Over Patients

Finz Firm Spotlight: Lisa Van Essendelft, Legal Nurse Consultant

August 01, 2016 | Finz & Finz, P.C.

Being involved in a medical malpractice lawsuit is never easy. There needs to be an understanding of not only the legal aspects of a case, but a deep knowledge of the medical issues as well. This is why the law firm of Finz & Finz is privileged to have legal nurse consultant Lisa Van Essendelft as an integral part of the medical malpractice team.

Continue Reading: Finz Firm Spotlight: Lisa Van Essendelft, Legal Nurse Consultant

Medical Errors Now the Third Leading Cause of Death in the U.S.

May 06, 2016 | Finz & Finz, P.C.

Troubling news has hit the medical community and the public is now concerned more than ever about the medical treatment they receive, and the possibility of being a victim of medical malpractice. Researchers at John Hopkins University released a detailed study that shows if medical errors were classified as a disease, it would rank as the third leading cause of death in the country, only behind heart disease and cancer, and largely ahead of respiratory disease

Continue Reading: Medical Errors Now the Third Leading Cause of Death in the U.S.

Taking a Stand on Prescription Pain Medication Abuse

March 16, 2016 | Finz & Finz, P.C.

Addiction to prescription pain killers has become an increasingly deadly epidemic in this country. The number of deaths from these drugs is almost triple the amount of deaths from other prescription medications, and the number of overdose deaths is at an all-time high. Now, the Centers for Disease Control and Prevention has issued guidelines for doctors in an effort to get this problem under control by limiting the number of prescriptions written for these potentially dangerous drugs.

Continue Reading: Taking a Stand on Prescription Pain Medication Abuse

New Findings with Alzheimer's

March 01, 2016 | Finz & Finz, P.C.

“First they ignore you, then they ridicule you, then they fight you, and then you win,” Gandhi said, and it seems that proponents of a controversial theory that Alzheimer’s disease is transmittable have proceeded past the ridicule stage.  Scientists are starting to fight them.

Continue Reading: New Findings with Alzheimer's

The Link Between Hackers and Medical Malpractice

December 22, 2015 | Finz & Finz, P.C.

Bloomberg is drawing attention to an underappreciated risk facing the American medical establishment.  At a white hat hacking conference (white hat hackers infiltrate systems to show vulnerabilities that need to be fixed, black hat hackers hack for their own personal gain), researchers demonstrated how vulnerable hospitals and other medical facilities are to hacking.

Continue Reading: The Link Between Hackers and Medical Malpractice

Cautionary Advice for Off-Label Prescriptions

October 15, 2015 | Finz & Finz, P.C.

Fourteen years ago, one of the most important clinical studies of the 21st Century was released.  Dubbed Study 329, it claimed to prove that the drug paroxetine (commonly sold by GlaxoSmithKline as Paxil) was safe to prescribe for individuals under the age of 18.  Using this data, GlaxoSmithKline marketed the drug to physicians for what are called “off-label” prescriptions, prescribing a drug for a use or to an age group where safety and efficacy have not been proven.

Continue Reading: Cautionary Advice for Off-Label Prescriptions

Early Indications of Problems with Bronchoscopes

October 09, 2015 | Finz & Finz, P.C.

Bronchoscopes are becoming more and more commonly used, both in hospitals and by ENTs (Ear, Nose, and Throat specialists).  Due to their small size and flexibility, bronchoscopes can be used to view areas of the throat, head, and sinuses that other tools simply cannot reach safety or effectively.  Bronchoscopes have allowed doctors to make better, quicker diagnoses of a number of diseases.

Continue Reading: Early Indications of Problems with Bronchoscopes

Medical Malpractice: Common Practice

April 08, 2015 | Finz & Finz, P.C.

Common Practice.  It is such a simple phrase that it’s easy to ignore it when you come across it in the newspaper or online.  One recent usage was in regards to doctors using suction from a syringe to remove a blood clot (a thrombectomy) instead of the safer balloon angioplasty.  A study by the University of Toronto concluded that patients who have a thrombectomy instead of balloon angioplasty are significantly more likely to have a stroke.  Still, this is Common Practice, so the doctors who have been using this more dangerous procedure don’t feel the need to explain why they have been putting their patients in danger.

Continue Reading: Medical Malpractice: Common Practice

Finz & Finz, P.C. Wins Motion Dismissing Defendants’ Appeal of a Seven Figure Medical Malpractice Verdict

March 03, 2015 | Finz & Finz, P.C.

After a two-week trial, Finz & Finz, P.C. obtained a seven figure verdict on behalf of a client who was injured as a result of medical malpractice that occurred during the course of a cardiac catheterization procedure. 

Continue Reading: Finz & Finz, P.C. Wins Motion Dismissing Defendants’ Appeal of a Seven Figure Medical Malpractice Verdict

Medical Malpractice: Across the Board Medical Errors

February 17, 2015 | Finz & Finz, P.C.

The Betsy Lehman Center for Patient Safety has released its most recent findings, and they aren’t very good.  The Center tracks public health outcomes for the state of Massachusetts, and was created in response to the death of a 39-year-old mother of two due to medical error.  The center was founded over a decade ago, and though things have become better over time, there is still a long way to go.

Continue Reading: Medical Malpractice: Across the Board Medical Errors

Medical Malpractice: Failsafe

January 20, 2015 | Finz & Finz, P.C.

Fail-safes are supposed to exist for a reason, to make sure that no matter how many mistakes any one individual makes, the worst-case scenario is never realized.  A hospital in Oregon supposedly had fail-safes, but what happened there on December 1st, 2014 is simply proof that fail-safes are only as worthwhile as the people in charge of making sure they are followed.

Continue Reading: Medical Malpractice: Failsafe

Medical Malpractice: Pill Pushers

December 18, 2014 | Finz & Finz, P.C.

We put our absolute faith in doctors.  We trust them to save our lives, to save the lives of those we love.  We trust them to help us monitor our health and assist in making good choices for ourselves and our families.  We put more faith in doctors than we do in almost anybody else.  Unfortunately, not all doctors are worthy of that trust.

Continue Reading: Medical Malpractice: Pill Pushers

Medical Malpractice Birth Injury: First World Problems

December 09, 2014 | Finz & Finz, P.C.

Overall, Americans have it pretty good.  We live in one of the richest countries in the world, and we have options available to us on a daily basis that people in the developing world can barely even imagine.  We have fresh fruits, vegetables, and meats at the grocery store and thousands of hours of television programming on cable or through internet streaming.

Continue Reading: Medical Malpractice Birth Injury: First World Problems

Medical Malpractice: Almost Unbelievable

December 01, 2014 | Finz & Finz, P.C.

Even if it’s true, it’s still almost unbelievable.

Continue Reading: Medical Malpractice: Almost Unbelievable

Medical Malpractice: Almost Famous

September 29, 2014 | Finz & Finz, P.C.

It’s celebrities who get all the attention.  Many of us know that Alex Rodriguez visited Biogenesis, the health clinic in Florida that was a front for the illegal dispensing of steroids.  Many of us also know that Ryan Braun visited the facility, even while he was claiming to be a victim of racism when he tested positive for performance enhancing drugs.  It’s only the celebrities who anyone remembers, but they are not the only victims.

Continue Reading: Medical Malpractice: Almost Famous

Medical Malpractice: Inappropriate Care for Veterans and Beyond

July 08, 2014 | Finz & Finz, P.C.

The ongoing tragedy of Veteran’s Administration mismanagement is just the latest in a long line of controversy surrounding our veterans. Not only have there been dozens of confirmed fatalities linked to the VA hospitals, but new reports indicate that the administrators systematically changed files to hide the fact that their own mistakes had led to the death of so many heroes.

Continue Reading: Medical Malpractice: Inappropriate Care for Veterans and Beyond

When Medical Delay Means Death

June 25, 2014 | Finz & Finz, P.C.

When your diagnosis is terminal, you can’t wait an extra week or few days to receive the treatment you require.  Veterans all over America, and their families, have learned this devastating lesson as the Veterans Administration has continually pushed back necessary treatments for even the terminally ill.

Continue Reading: When Medical Delay Means Death

The Big Business of Identity Theft When it Comes to Medical Care

May 27, 2014 | Finz & Finz, P.C.

No matter how hard we try to be healthy, most of us eventually have to go to the hospital.  Sometimes those situations are life-threatening, such as after a car or motorcycle accident, and we might not be in any position to provide the necessary medical information to the doctors and emergency personnel who are saving our lives.  They rely on the information already in our charts, information that is sometimes wrong due to the rising danger of medical identity theft.

Continue Reading: The Big Business of Identity Theft When it Comes to Medical Care

New York Hospital Issues Warning About Possible Contamination

March 12, 2014 | Finz & Finz, P.C.

A hospital in Long Island, N.Y., took immediate steps to respond to a major health risk of contamination from the re-use of insulin pens. Such risks can expose diabetics to HIV, and hepatitis B and C.  Officials at South Nassau Communities Hospital notified the news media on March 12, 2014 that they had sent letters to more than 4,000 patients who may have been affected by this incident. Although a pen can be used multiple times on the same person, it is widespread knowledge that insulin pens never should be used by more than one person. Each injection poses the risk of blood re-entering a cartridge, with the potential of contaminating the next recipient. This is not an isolated case.  If you are a patient who receives insulin, you may want to learn more about this issue and seek proper counsel.

Continue Reading: New York Hospital Issues Warning About Possible Contamination

Medical Malpractice: Is Your Doctor Paying Attention?

February 19, 2014 | Finz & Finz, P.C.

Medical malpractice cases hit the news every day, and one in particular has been standing in the forefront since its occurrence last year.  In this case, the hospital continues its fight in 2014 to prove they did nothing wrong when treating a 26-year-old doctor who was admitted with severe headaches. Her death occurred from blood clots and an aneurysm which the family believes should have been diagnosed, treated and easily overcome. This case is not a singular case. Patients are admitted all the time to hospitals and treatment centers across the country and receive inappropriate, misdiagnosed, or substandard medical care.

Continue Reading: Medical Malpractice: Is Your Doctor Paying Attention?

Medical Errors in the Forefront

January 08, 2014 | Finz & Finz, P.C.

Medical errors and misdiagnoses are never on anyone’s mind when one is admitted to the hospital, or visits a doctor for an annual or routine exam.  Yet, medical errors, sadly, happen more often than we want to realize.  While sometimes a disease surfaces more predominately in later months and still before it is too late, we tend to have faith and trust that our family physician knows our history and is performing the best course of action to put us on the path to wellness.  Unfortunately, there are many factors in our disfavor when it comes to the medical community and how we are treated.

Continue Reading: Medical Errors in the Forefront

Medical Malpractice: How Do You Know?

September 25, 2013 | Finz & Finz, P.C.

Medical malpractice or medical negligence is when your health care provider falls below the accepted standard of practice, sometimes resulting in injury or death, and often resulting in error of some type. Hundreds of thousands of people are killed each year due to medical errors by their trusted physicians, and hospital costs are exorbitant for these types of cases.  In some situations, a medical error or malpractice is easy to determine—the error is blatant and the outcome is devastating.  Instances such as removing the wrong limb, or mixing up a chart.  In other cases, the error may not be so forthright—such as prescribing a drug that over time causes ill effects; or providing the wrong diagnosis, which does not surface until much later.

Continue Reading: Medical Malpractice: How Do You Know?

Physician Misconduct: What You Should Know

September 17, 2013 | Finz & Finz, P.C.

A doctor prescribes a lethal mix of painkillers and psychiatric medications.  A mastectomy is mistakenly performed on the wrong woman. A doctor is cited by a medical board, yet is still permitted to practice medicine. How can these situations happen, and why aren’t issues and problems detected sooner?  National records show that state boards are slow to act on physicians who continue to practice despite concerns over misconduct: in the forms of inappropriate diagnoses, improperly prescribed medications and unnecessary surgeries.

Continue Reading: Physician Misconduct: What You Should Know

Medical Malpractice Lawsuits: Do You Have a Case?

June 11, 2013 | Finz & Finz, P.C.

Too often we hear in the news about cases for medical malpractice suits filed by an injured party against the entity or person they believe caused the injury, particularly in the case of hospitals and caregivers.  We trust in our physicians, and we know that they are doing the best they can to advocate for our care and for our health.  We believe that the physician who has seen us through childhood, adulthood and our elder years knows our personal and medical history like the back of his or her own hand.  We can’t think that anything can go wrong.  But wrong we are when an incident of medical malpractice rears its head.

Continue Reading: Medical Malpractice Lawsuits: Do You Have a Case?

Medical Malpractice: What Can You Do To Guard Yourself Against a Medical Error?

April 11, 2013 | Finz & Finz, P.C.

 A medical malpractice lawsuit can be devastating to the victim in many ways.  Results of a lawsuit could include loss of wages, extended medical and rehabilitation center bills, pain and suffering to one’s lifestyle, and life-changing events to family members who have to adjust to the new way of life.  In a Spokane, WA a woman was awarded $813,000 in a recent malpractice lawsuit.  A misdiagnosis by her physician led to the amputation of her foot, which the doctor thought was terminal cancer.  She was actually suffering from pneumonia.

Continue Reading: Medical Malpractice: What Can You Do To Guard Yourself Against a Medical Error?

A Medical Opinion Based Upon Speculation Does Not Satisfy Causation

October 18, 2012 | Former NYS Supreme Court Justice Leonard L. Finz

The average patient is of the belief that a physician, who prescribes the wrong or unnecessary medicine, should be held liable to that patient based upon the malpractice of the physician. Such, however, is neither the law in New York nor in other jurisdictions. For a patient to recover damages under such circumstances, he/she must prove that the “wrong”, or “unnecessary” medicine was the proximate clause in producing the injury claim.

Continue Reading: A Medical Opinion Based Upon Speculation Does Not Satisfy Causation

Medical Malpractice and a Challenge to Proximate Cause

October 05, 2012 | Former NYS Supreme Court Justice Leonard L. Finz

For plaintiff to prevail in a medical malpractice action, he or she must establish two elements: 1) That the defendant departed from good and accepted practice in its treatment of the plaintiff, and: 2) That the departure was a proximate cause, or substantial factor in causing the injury claimed. These two elements will have to be answered by a jury in a series of questions contained in a verdict sheet with appropriate instructions given by the trial judge. There are those cases however, in which the defendants will challenge one or both elements in a motion for summary judgment on the grounds that the complaint fails to state a cause of action as to either a “departure from good and accepted practice”, or, that the “departure” if it existed at all, was not the “proximate cause” of the injury. As for the second element, “proximate cause” (or “causation”), the defendant can challenge plaintiff’s “causation” issue by offering affidavits from its own experts that no “causation” exists, or in the alternative, by seeking a Frye hearing for the purpose of presenting evidence that plaintiff’s expert’s statement on the issue of “proximate cause” is not generally accepted within the medical community, or stated another way, that it is nothing more than “junk science”.

Continue Reading: Medical Malpractice and a Challenge to Proximate Cause

The Medical Malpractice Case - A Difficult Area of Litigation

September 26, 2012 | Former NYS Supreme Court Justice Leonard L. Finz

The hospitals and doctors throughout our state and nation treat many thousands of patients on any given day. Not always is the outcome of such treatment beneficial to the patient who may suffer significant injuries that were unexpected following the treatment rendered. The fact that there is a poor outcome or bad result however does not in and of itself make the hospital, its staff, or treating doctor’s automatically liable to the injured patient. For the patient who has suffered a bad result from a hospital and/or medical treatment to have a cause of action, the patient who by law has the burden of proof, must establish that the defendant charged committed medical negligence, or what is commonly called medical malpractice.

Continue Reading: The Medical Malpractice Case - A Difficult Area of Litigation

Recognized Leadership