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Court debates medical negligence versus plaintiff’s compliance. Audette v. Toussaint-Milford, 2019 N.Y. Slip Op. 30823 (N.Y. Sup. Ct. 2019)

In the medical malpractice case of Audette v. Toussaint-Milford, 2019 N.Y. Slip Op. 30823 (N.Y. Sup. Ct. 2019), the issue of the patient’s role in contributing to their medical condition. The plaintiff file a lawsuit against the medical staff that were involved in her care and the delivery of her…

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Infant falls from hospital bed, sustaining severe injuries. T.V. v. N.Y.C. Health & Hosps. Corp., 2016 N.Y. Slip Op. 30084 (N.Y. Sup. Ct. 2016)

T.V. v. N.Y.C. Health & Hosps. Corp., 2016 N.Y. Slip Op. 30084 (N.Y. Sup. Ct. 2016) is a medical malpractice and negligence case involving an infant who fell from a hospital bed, leading to serious injuries. In addition to the medical malpractice and negligence claims, the case also addresses New…

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Case questions medical practice involving choice of suture material. Ducasse v. N.Y.C. Health & Hosps. Corp. 2017 N.Y. Slip Op. 1647 (N.Y. App. Div. 2017)

In Ducasse v. N.Y.C. Health & Hosps. Corp., the plaintiff challenged the type of sutures used in her episiotomy. An episiotomy is a surgical incision made in the perineum—the area between the vagina and the anus—to enlarge the vaginal opening during childbirth. This procedure is typically performed to facilitate delivery,…

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Court determined negligence claim plausible given postpartum cancer diagnosis. Pezulich v. Grecco, 2022 N.Y. Slip Op. 3912 (N.Y. App. Div. 2022)

In Pezulich v. Grecco, the plaintiff challenged the decision of the Supreme Court, which had favored Richmond University Medical Center (RUMC) by granting summary judgment. The litigation centers around serious allegations of medical oversight following the care of a pregnant woman who tragically developed cervical cancer post-delivery and died. Background…

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Court finds issues with fetal monitoring prior to stillbirth. Harwood v. Halfon, 2023 N.Y. Slip Op. 30187 (N.Y. Sup. Ct. 2023)

In Harwood v. Halfon, 2023 N.Y. Slip Op. 30187 (N.Y. Sup. Ct. 2023), the plaintiff filed a medical malpractice case The New York Presbyterian Hospital and two of its doctors related to the care provided during a pregnancy that tragically ended in a stillbirth. The plaintiff asserted that negligent actions…

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Erb’s Palsy claim against doctors moves forward in court. N.R. v. Northwell Health, Inc. 2023 N.Y. Slip Op. 50123 (N.Y. Sup. Ct. 2023)

In a complex legal battle involving North Shore University Hospital and associated medical professionals, a family sought justice for alleged medical malpractice during childbirth in 2016. The lawsuit accused the healthcare providers of negligence that reportedly led to severe birth injuries, including Erb’s Palsy. Erb’s palsy is a form of…

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Emergency cesarean performed due to complications including fetal tachycardia. Robinson v. Northwell Health, Inc. 2021 N.Y. Slip Op. 33146 (N.Y. Sup. Ct. 2021)

In New York, medical malpractice cases are subject to a specific statute of limitations, which dictates the timeframe within which a lawsuit must be filed. For most medical malpractice cases, this period is two and a half years from the date of the alleged malpractice or from the end of…

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Adhesions from prior C-sections lead to severe bladder injuries. Dray v. Staten Island Univ. Hosp., 2022 N.Y. Slip Op. 32994 (N.Y. Sup. Ct. 2022)

In a contentious medical malpractice and negligence case involving Rinat Dray against Dr. Leonid Gorelik, Metropolitan Ob-Gyn Associates, Dr. James C. Ducey, and Staten Island University Hospital (SIUH), the court faced motions and a cross-motion addressing the appropriateness of a repeat cesarean section (C-section) performed on Dray. A woman who…

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Malpractice case focuses on mismanaged high-risk pregnancy. In re Brea E. 2019 N.Y. Slip Op. 50662 (N.Y. Fam. Ct. 2019)

Losing a newborn baby is an unimaginably devastating experience for any parent. It brings profound grief and a sense of loss that can impact emotional well-being and disrupt the natural process of bonding and joy anticipated with the arrival of a child, often leaving lasting psychological scars. In re Brea…

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Lawsuit concerning Erb’s palsy and episiotomy complications during labor. J. G. v. Michael Ihemaguba, M.D. 2016 N.Y. Slip Op. 30899 (N.Y. Sup. Ct. 2016)

The case centers around the medical decisions made by doctors at St. Barnabas Hospital and their associated OB/GYN practice and shoulder dystocia. Shoulder dystocia is a birth complication where the baby’s shoulders get stuck inside the mother’s pelvis after the head has been delivered. This can occur during vaginal birth…

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