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Tully, NY 13159-0430
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New York Family Awarded $3.1M Medical Malpractice Verdict

Posted on November 20th, 2009 No Comments

The family of a New York man has been awarded a $3.1 millionverdict in Nassau County Supreme Court.

The family of 40 year-old husband and father of two, John T.Benigno, filed a lawsuit against the South Shore Heart Associates allegingmedical malpractice.

Benigno visited South Shore Heart in January 2002complaining of cardiac symptoms. During the visit he underwent a nuclear stresstest, a test used to rule out occlusive artery disease, that came backnegative.

Benigno returned in December 2003 with similar complaints.His doctor, Dr. Stephen Horowitz, did not order a nuclear stress test, and wentoff the negative test from almost two years prior. Six months later Mr. Benignosuffered a heart attack and died.

Benigno’s widow and their two children received $3.1 millionfor the loss of parental care and guidance and losses to Benigno’s wife.

If you or someone you know has been the victim of medicalmalpractice please contact the Pennsylvania Medical Malpractice Lawyers ofLowenthal & Abrams, P.C. by calling 215-329-3511. 

Medical Malpractice Claims Have No Effect on Health Care Costs

Posted on November 11th, 2009 No Comments

Health care reform is all over the news recently, and it isa subject that many people feel very strongly about. It is important, however,to be able to tell health reform fact from fiction.

There is one myth that is parroted quite often when speakingof health care. The idea that medical malpractice claims drive up health carecosts is not at all factual.

Numerous studies have shown that malpractice claims havealmost no impact on the cost of health care in the United States. Americans forInsurance Reform released a study showing that in recent years, doctor premiumsand medical malpractice claims have significantly dropped, while the profits ofthe medical malpractice insurance industry have skyrocketed. The studyconcludes by stating that “placing further limits on the liability of negligentdoctors and unsafe hospitals would be unjustifiable… would put almost no dentin our country’s health care costs.”

If you or someone you love has been the victim of medicalmalpractice, please contact the Pennsylvania Medical Malpractice Lawyers ofLowenthal & Abrams, P.C. by calling 215-329-3511.

Malpractice Verdict Slashed by Indiana Law

Posted on November 11th, 2009 No Comments

A estate of a woman in Indianapolis who died ofcomplications from a mechanical bowel obstruction that had perforated blamedher death on the hospital she died in.

The lawsuit alleged that the hospital was negligent intemporarily misplacing a radiological film that would have shown theseriousness of the woman’s condition.

The patient was admitted to the hospital Intensive Care Unitwith sever abdominal pain. Her surgeon and attending physician were unawarethat the hospital had performed an x-ray several days earlier that revealedsmall bowel obstruction. This condition is considered a medical emergency.

The jury in Indiana found in favor of the woman and awardeddamages against the hospital in the amount of $8,500,000. Under Indiana law,however, the court reduced the awarded to the statutory maximum of $1,250,000.The jury was not allowed to know about this limit.

If you or someone you love has been the victim of medicalmalpractice, please contact the Pennsylvania Medical Malpractice Lawyers ofLowenthal & Abrams, P.C. by calling 215-329-3511.

Pennsylvania Ranks 2nd in Malpractice Payments

Posted on November 6th, 2009 No Comments

A recent study has shown Pennsylvania to be second only toNew York in the amount of medical malpractice judgments and settlementsawarded.

The Pacific Research Institute’s 2008 Tort Liability Indexranks Pennsylvania 45th out of the 50 states, as the state has donelittle in terms of tort reform. The index also rates Pennsylvania 14thfrom the bottom in medical malpractice losses.

While some fear that the state will lose doctors due to thehigh costs of malpractice insurance, the others argue that higher-quality,better trained doctors will set up shop in the state.

 If you or aloved one has been the victim of medical negligence or medical malpractice,please contact the Pennsylvania Medical Malpractice Lawyers of Lowenthal &Abrams, P.C. by calling 215-329-3511.

Mother Sues Prison Over Son's Death, Alleges Medical Negligence

Posted on November 6th, 2009 No Comments

The mother of a prisoner claims that Immigration and CustomsEnforcement officials killed her son by refusing him medical treatment for astaph infection for 54 days.

More than ninety people have died in immigration jails since2003 and a federal complaint claims that poor or nonexistent medical care“contributed to 30 of those deaths.”

Dora Baires says her HIV-positive son was held for 54 daysat the Lerdo Jail in Kern County, where he was denied necessary medications anddeveloped a staph infection in his foot. The infection spread “throught Baires’entire body” according to his mom. She blames the death on immigrationofficials’ denial of his HIV medications.

Baires’ mother says her son Juan Carlos’ “only offense wasthat he was an undocumented alien.”

If you or a loved one has been the victim of medicalnegligence or medical malpractice, please contact the Pennsylvania MedicalMalpractice Lawyers of Lowenthal & Abrams, P.C. by calling 215-329-3511.

 

$3.7M Awarded in Wisconsin Malpractice Suit

Posted on November 3rd, 2009 No Comments

The family of a farm worker who died after health careworkers at Bellin Family Medical Center in Wisconsin failed to diagnose andproperly treat his condition has been awarded $3.7 million in a medicalmalpractice lawsuit.

A Brown County jury found in favor of the family of GustavoEspinal-Santos, a farm worker who was misdiagnosed with pneumonia by twophysician assistants at the Bellin Family Medical Center in December of 2003.Espinal-Santos’ family argued that basic X-ray tests and other routinediagnostic testing was not performed. Espinal-Santos’ had contractedblastomycosis, a fungal infection commonly transmitted through water and soil.The farm worker was later diagnosed with blastomycosis at St. Vincent Hospital,but it was too late for medical personnel to save his life, and he died a week later.

Wisconsin’s medical malpractice damages cap will reduce themultiple million dollar verdict. The hospital may appeal the Brown County juryverdict if they so choose.

If you or a loved one has been the victim of medicalmalpractice, please contact the Pennsylvania Medical Malpractice Lawyers ofLowenthal & Abrams by calling 215-329-3511.

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