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Category: Medical Malpractice

March 23, 2019
Malpractice for over prescribing Opioids needs serious attention!

By Michael H. Joseph

Our New York City medical malpractice attorneys know all too well the damage that can be caused by over prescribing opoids. Opioids are commonly prescribed for pain. An estimated 20% of patients presenting to physician offices with noncancer pain symptoms or pain-related diagnoses (including acute and chronic pain) receive an opioid prescription. In 2012, health care providers wrote 259 million prescriptions for opioid pain medication, enough for every adult in the United States to have a bottle of pills. Opioid prescriptions per capita increased 7.3% from 2007 to 2012, with opioid prescribing rates increasing more for family practice, general practice,… Read More

November 8, 2018
Plaintiff Established Continuous Treatment Doctrine in Medical Malpractice

By Michael H. Joseph

Our New York City medical malpractice and wrongful death lawyers won a  recent victory in the Bronx Supreme Court.  Our attorneys established a prima facie case that the Defendant doctor  failed to appropriately order tests for Plaintiff’s persistent complaints of abdominal and pelvic pain which was ultimately diagnosed as ovarian cancer. On October 2008, Plaintiff sought treatment from the defendant doctor, complaining of left lower abdominal pain.  Plaintiff complained of pain in lower quadrant which is where the ovaries are located but was only advised painkiller. The pain continued and until December 2008 and the Plaintiff underwent an ultrasound and… Read More

September 4, 2017
The Continuous Doctrine is Under Attack in New York

By Michael H. Joseph

Our New York City medical malpractice lawyers know that the continuous treatment doctrine is one of the best tools that prevent negligent doctors from using the statute of limitations to deprive patients who have been victimized by professional negligence, from their just recovery. The continuous doctrine in medical malpractice cases, holds that, in actions based on a failure to diagnose a condition, the limitations period is tolled as long as the symptoms being treated indicate the condition’s existence. This exception to the statute of limitations is important because in New York, the statute of limitations is only two and a half… Read More

October 26, 2013
New York Appellate Court Allows Negligent Treatment Of Depression Which Results In Suicide To Go Forward

By Michael H. Joseph

Our Westchester personal injury lawyers continue to monitor the evolution of New York tort law. Our White Plains lawyers continue to work towards social justice issues. In a recent case, the New York Second Department Appellate Department has reinstated a case seeking recovery of pre-death pain and suffering where the Defendant was negligent in treating the depression of a person who ultimately committed suicide. The Defendants argued that the plaintiff could not recover damages in a wrongful death action for any conscious pain and suffering the decedent may have experienced prior to her suicide and the Westchester Supreme Court agreed… Read More

December 20, 2009
Medical Malpractice Bungle BUNGLE HIV Nightmare

By Michael H. Joseph

As a New York Personal Injury Attorney, I am proud to annouce that our client Maria Osorio’s case was recently featured in the New York Post. The Harlem Hospital committed Medical Malpractice by negligently diagnosing our client with HIV, Hepatitus and Herpes. We intend to make sure our client gets properly compensated for the damage that she was caused. A woman who has been married for 37 years and has been faithful to her husband should not have to endure this type of shock and humiliation. Medical errors have caused numerous children to loose their parents and spouses to loose… Read More

The Law Offices of Michael H. Joseph