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Medical Malpractice

Erb’s palsy: What is it and can I sue if my baby has it?

Erb’s palsy is paralysis of the arm caused by damage to the upper group of the arm’s nerves. This nerve damage is usually the result of complications during birth. The baby’s shoulder can get caught on the mother’s pubic bone during a difficult birth, leading to a strain or break of the nerves.

Other common causes of Erb’s palsy:

  • If the baby is born face first, Erb’s palsy could occur if the doctor pulls the baby out by their face or neck
  • If the baby is born feet first, Erb’s palsy might happen if the doctor pulls the baby’s legs and feet, causing the arms to go over the head. This puts undue stress on the shoulder
  • If the baby is too big for the birth canal, it can be pushed through the birth canal causing unnecessary stress on the arms, shoulders, and neck
  • If a nurse or physician picks up the baby by its arms instead of supporting its head and neck, they could cause damage to the shoulder’s nerves
  • Forceps or vacuum extraction tools used to aid childbirth might result in nerve damage and Erb’s palsy if used improperly

How do I know if I have a case?

If you suspect that your baby’s Erb’s palsy was caused by the improper use of tools or negligent actions of medical staff, you should contact a personal injury attorney specializing in medical malpractice. Your attorney can get copies of your baby’s medical records and enlist the help of an expert to determine whether medical malpractice occurred during childbirth. Once your attorney determines you have a case, they can calculate how much it might be worth and your next steps to take legal action.

Contact a New York birth injury lawyer

Sometimes, Erb’s palsy will resolve itself over a period of months, but other times, the baby may need to undergo physical therapy or surgery to regain movement of their arm. If the injury the baby sustained at birth was caused by the negligent or careless actions of a doctor, the parents may be able to sue for compensation to pay the medical bills associated with Erb’s palsy. The attorneys at Hach & Rose, LLP are here to help you get the compensation you need so you can focus on your child’s health. Call us at (347) 318-9604 today.

Gastric bypass surgery malpractice

Gastric bypassGastric bypass surgery is a commonly-performed, yet invasive operation that intends to assist obese individuals to achieve their weight loss goals. Over 200,000 gastric bypass operations are performed each year. Despite how common these operations are, surgeons still make mistakes that could jeopardize your health. Keep reading to learn more about the risks involved in gastric bypass surgery and the mistakes doctors can make. 

First, it must be acknowledged that simply because a patient experienced complications post-surgery does not mean that they have a reason to file a medical malpractice lawsuit. The patient must be able to prove that their doctor acted negligently or recklessly pre-surgery, during surgery, or post-surgery that a reasonable doctor under similar circumstances wouldn’t have done. It is often very difficult to prove these elements, so hiring an expert attorney to build your case will increase your chances of winning. 

Examples of gastric bypass surgery malpractice

  • Internal gastric fluid leakage
  • Hernias 
  • Internal stomach bleeding
  • Pulmonary embolism
  • Bowel leakage at the operation site
  • Various infections such as abscesses, pneumonia, bladder infections, or sepsis

In addition to problems that could arise as a result of a botched surgery, patients may also experience the following, which would be a cause to file a suit. 

  • The surgeon failed to diagnose postoperative complications
  • The surgeon ignored a patient’s complaints of pain, which led to serious injury or death
  • The patient suffered an intra-abdominal hemorrhage
  • The surgeon failed to abide by proper sanitation procedures
  • The surgeon left a sponge, bandage, or another item inside the patient’s body
  • The surgeon failed to provide proper advice for postoperative care
  • The surgeon prescribed the incorrect medication
  • The surgeon failed to warn the patient that they were at high-risk for complications pre-surgery

Before you hire an attorney and file a suit, you should calculate how much money in damages you could recover if you prevail in the settlement. If the cost of hiring an attorney and navigating the legal process is more expensive than what monies you may win, then it might not be worth the added stress after the surgery. 

Contact a New York medical malpractice attorney

If you had gastric bypass surgery and were severely hurt due to a medical professional’s error or oversight, the New York surgical error lawyers at Hach & Rose, LLP, are here for you. Call (347) 318-9604 to speak to a knowledgeable attorney and learn how we may be able to help you.

What you need to know about defective medical devices

A defective medical device could lead to serious health issues. Complications caused by a defective device could lead to costly medical bills, lost wages, emotional distress, and decreased quality of life. Read on to learn more about medical device recalls, how the Food and Drug Administration handles defective device claims, and what you should do if you’ve been hurt.

Medical device recalls

The FDA lists all recalled medical devices on their website. Here is a list of 2019 recalled medical devices. They include devices as common as catheters and as sophisticated as 3D brain imaging software intended to assist surgeons to guide their instruments.

In the case of the brain imaging software, it was on the market from 2011 to 2018 but was only recalled in January of 2019. It was a Class 1 recall, the most dangerous type, meaning it could lead to death or serious injury. Because the brain software was in use for at least eight years before it was recalled, there could be numerous patients who were harmed or even killed as a result of the faulty device, which inaccurately depicted the exact location of a surgeon’s tool, which may lead to accidental damage to brain tissue.

The FDA’s 510(k) process

You might be wondering how medical devices are so often defective or don’t achieve their intended purpose. This is partly because of the FDA’s 510(k) process. According to the FDA, “A 510(k) is a premarket submission made to FDA to demonstrate that the device to be marketed is at least as safe and effective, that is, substantially equivalent, to a legally marketed device that is not subject to PMA (Premarket Approval).” Basically, this means that new medical devices can be approved in an expedited manner if the manufacturer can prove that it is similar enough to a previous one that was already approved.

According to CNBC, the FDA approved 3,173 devices through this system, or 82% of the total devices cleared. The FDA claims they have plans to overhaul the system so that devices older than 10 years cannot be used as predicates, which are the legal devices used to demonstrate that the new one is substantially equivalent to it.

What to do if a medical device injures you

If you have been injured because of a defective medical device, please consider reaching out to the experienced product defects attorneys at Hach & Rose, LLP. Call us at (212) 779-0057 to schedule a free, no-obligation consultation to discuss how we can help you.

How to find out if a doctor has a history of medical malpractice

When choosing a new healthcare provider, be it an eye doctor, dentist, or surgical specialist, it’s wise to do your homework on them before you make your choice. Some doctors are more skilled than others, and some have a history of complaints or even medical malpractice suits filed against them. The healthcare system can be an overwhelming field to navigate, so this article will give you some tips on how to research your next physician. 

DocInfo is a good place to start. This easy-to-use database allows you to search for doctors across the nation by name and view their profiles. Their profiles contain useful information such as where the physician holds their medical license, when and where they graduated medical school, and whether there were any actions taken against them by the state medical boards. The database information is updated monthly, so if a doctor had been disciplined within the past 30 days, it will not show up here. DocInfo also provides a resource page on how to file a complaint against a doctor. 

The New York State Department of Health’s website offers a tool that allows you to search for a board action regarding a physician or physician’s assistant. This page on their website shows every New York physician who was disciplined by the board and either had their license suspended or revoked. Clicking on the physician’s last name shows more details about the nature of the misconduct, when the misconduct took place, and the address of the physician’s practice. 

Additionally, if you are deciding at which hospital you would prefer to receive treatment, the New York State Department of Health makes it easy to compare different hospital profiles in your area. To find information about citations and complaints, click on the Inspections tab of the profile. This will show how many complaints were received at that hospital per 10,000 patient days and compare it to the state average. It will also describe any citations the hospital received during state inspections. 

Contact a New York medical malpractice lawyer

The New York medical malpractice attorneys of Hach & Rose, LLP are ready to help you if you’ve been the victim of medical negligence on the part of a doctor, surgeon, nurse, pharmacist, or another healthcare professional. Call a knowledgeable member of our team at (212) 779-0057 or chat with us online to schedule your free consultation today.

Complications from Cosmetic Surgery

Complications from Cosmetic SurgeryAccording to a report from the American Society of Plastic Surgeons (ASPS), there has been a 163% increase in the total number of cosmetic procedures performed from the years 2000 to 2018. There are hundreds of procedures available, which prospective patients can pick and choose from to alter almost any part of the body.

However, the increase in demand for often-invasive cosmetic procedures could also lead patients to suffer severe harm if doctors fail to adhere to an acceptable standard of care.  

While surgeons are highly-trained, highly-educated medical professionals, not all of them have the training or licensing they need to be cosmetic surgeons. Much like any other occupation, it takes years of training and practice to become a professionally licensed cosmetic surgeon. Additionally, many of these procedures are so specialized that surgeons can only become licensed to perform a very small number of them.

Over the years, there has been an increasingly concerning issue with untrained professionals performing cosmetic procedures they aren’t licensed to perform. Some of these professionals aren’t even medically licensed, yet claim to be so they can expand their customer base by offering a wider range of procedures. Each year, thousands of patients report undergoing “botched” cosmetic procedures, where they suffer from long-term injury or disfigurement at the hands of untrained, unlicensed, and inexperienced individuals. In extreme cases, these injuries can be so extensive that they may cause permanent disability — or even fatality.  

Even when procedures are being performed by a properly trained, licensed cosmetic professional, there are still many risks involved. Some of the most common complications from cosmetic surgery include:

  • Hematoma
  • Seroma
  • Blood loss
  • Infection
  • Nerve damage
  • Deep vein thrombosis
  • Pulmonary embolism
  • Organ damage
  • Scarring
  • Complications with anesthesia

Contact a New York Medical Malpractice Attorney

If you or someone you know has suffered injury, scarring, or have become disabled due to a “botched” cosmetic procedure, you have every right to seek legal action against all negligent parties. At Hach & Rose, LLP our experienced team of New York medical malpractice attorneys will aggressively pursue justice on your behalf and fight to obtain the financial compensation you deserve. Call us at (212) 779-0057 to discuss your rights and legal options with a member of our team today. 

Prescription Opioid Abuse: Who Is Responsible?

Prescription Opioid AbusePrescription opioids are powerful painkillers that can produce morphine-like effects. Typically, they are prescribed for short-term pain relief after surgeries and injuries, or certain health conditions like cancer. However, more and more medical professionals have been prescribing opioids to treat long-term pain, such as osteoarthritis or back-pain, despite the high risk they pose for addiction and overdose. 

Opioid abuse is a growing epidemic within the United States and continues to claim the lives of thousands of Americans each year. According to data from the Centers for Disease Control and Prevention (CDC), researchers have estimated that an average of 130 people die from an opioid overdose every day. This equates to over 47 thousand fatalities each year.

Prescription opioids, such as hydrocodone, oxycodone, and codeine, are highly addictive. Anyone who takes these prescription medications is vulnerable to developing an addiction — even when they are taken as directed. In fact, “as many as one in four patients receiving long-term opioid therapy in a primary care setting struggles with opioid addiction,” states the CDC. The use of opioids can also have several side effects, including:

  • Tolerance
  • Physical dependence
  • Increased pain sensitivity
  • Sleepiness and dizziness
  • Confusion
  • Depression

In cases of opioid overdose, liability can be challenging to prove. However, by taking legal action against the manufacturers, it may be possible to attribute responsibility to drug wholesalers and manufacturers for contributing to addiction and abuse. In a report from NPR, 41 states — including New York — have joined a coalition to investigate drug manufacturers for supplying opioids to their markets. All over the U.S., multiple states and municipalities are filing lawsuits against potentially liable parties. With the opioid epidemic showing no signs of slowing down, more lawsuits against negligent doctors and drugmakers are sure to come.

Contact a New York Prescription Drug Injury Lawyer

If you or someone you love has suffered from a prescription opioid addiction or overdose, you are not alone. If you or a loved one were harmed due to a prescription opioid given to you by a negligent doctor or another medical professional, our attorneys could help you seek justice and fair compensation. Be sure to reach out to us at (212) 779-0057 or online to schedule a free consultation to discuss your case with us today.

Misdiagnosis and Medical Negligence

Misdiagnosis and Medical Negligence According to a study from the United States Department of Veterans Affairs (USDVA), researchers have estimated that approximately 12 million patients are misdiagnosed every year in America. A misdiagnosis of an injury or illness can potentially be a form of negligence that is, unfortunately, all too common within America’s healthcare industry.

In a 2017 report from the Mayo Clinic, research scientists estimated that only about 12 percent of patients received a correct diagnosis from their primary care providers. In 66 percent of cases, the final diagnosis was refined or more extensively defined. However, in 21 percent of cases, “final diagnoses were distinctly different than referral diagnoses.” Overall, the total consumer costs for misdiagnosed patients were “significantly higher” than costs for patients who received a correct initial diagnosis.

Cases of misdiagnosis can not only lead to inflated medical costs — they can also lead to delayed care, complications, advanced sickness, and even death. According to a JAMA-published study on deaths caused by medical errors in America, researchers concluded that as many as 80 thousand hospital deaths can be ascribed to patient misdiagnosis each year.

These diagnosis errors also account for a significant portion of medical malpractice claims. In a 2018 report from the insurance company Coverys, researchers found that “diagnosis-related failures [were] cited as the single-largest root cause of claims.” In total, diagnostic-related claims accounted for approximately 47 percent of malpractice cases.

Unfortunately, many researchers and healthcare professionals agree that errors in patient diagnoses are still a prevalent issue in today’s medical landscape. Paul Epner, co-founder and CEO of the Society to Improve Diagnosis in Medicine, emphasized the need for greater accountability from healthcare facilities in a 2019 interview with the research-based publication, Managed Care.

“Our back-of-the-envelope estimates are that it’s impacting our economy to the tune of a hundred billion dollars a year,” said Epner. “The fact that we don’t have operational measures so we can interrogate a database to learn about diagnostic performance is a clear gap.”

Contact a New York Hospital Negligence Lawyer Today

If you or a loved one has experienced serious injury or health complications because of a misdiagnosis, the New York medical malpractice lawyers at Hach & Rose, LLP will take every action necessary to investigate your case and obtain justice for you and your loved ones.

Surgical Errors Take Place With “Troubling Frequency” According to Johns Hopkins Researchers

Surgical ErrorsFor many people, the prospect of getting surgery is already terrifying enough in itself. However, this prospect is made much more sinister when factoring a 2015 study from Johns Hopkins Medicine, which suggests that surgical errors are estimated to cause more than 200 thousand deaths in the United States each year.

According to Hopkins medicine, these surgical errors are called “never” events — and are named so because they are deemed so egregious that they should “never” happen during surgery. “Never” events characterize surgical errors such as operating on the wrong organ, operating on the wrong patient, or administering a dangerous amount of anesthesia.

Because these events are, in large part, the result of a healthcare provider’s negligent actions, these events are entirely unnecessary and entirely preventable. Alarmingly, “never” events take place with “troubling frequency,” and are responsible for up to $29 billion in extra expenses within the United States each year, according to researchers at Hopkins.  

What’s even more disturbing is the nation-wide lack of official regulation standards and definitions that would help some states identify key weaknesses and challenges in their healthcare facilities. While lawmakers have created and enforced penalties for facilities that fail to meet certain standards, some states do not even require their facilities to report incidents publicly where a “never” event has taken place. 

According to researchers J. Matthew Austin, Ph.D., and Peter Pronovost, M.D., Ph.D., “The nonsystematic collection of data on . . . never events . . . at the national level in the United States [makes] it difficult to understand how hospitals are performing over time.”

Austin and Pronovost both conclude that to reduce the occurrence of “never” events, “we need to change the decadelong decentralized approach of ‘collect, report and improve’ to an approach that entails standardized definitions of events, greater transparency of performance, and collective learning and accountability to drive performance forward.”

Contact a New York Surgical Error Attorney

Trained healthcare professionals work under a sworn oath to “do no harm” to their patients, intentional or not. Indeed, patients place a great level of trust in their healthcare provider’s hands during surgery — they are vulnerable, frightened, and often confused. When that trust is broken, it can not only be a very traumatizing experience for a patient but a very costly one as well.

If you or a loved one has been the victim of surgical error at the hands of a negligent healthcare provider, you have the right to pursue legal action. At [firm-name, we will take aggressive action in seeking justice on your behalf and obtaining the financial compensation you deserve.   

Delayed Diagnosis and Treatment

Delayed Diagnosis and Treatment

Delayed Diagnosis and TreatmentWe trust our doctors to perform their jobs to the best of their ability. When they make mistakes, those errors tend to have a much more significant impact on the people they are treating. Delayed treatment cases occur when physicians fail to diagnose and properly treat a disease or condition promptly. When this happens, patients can suffer significant harm, and in the worst cases, they might die because of the medical professional’s failure to diagnose and treat them.

The most common types of delayed treatment cases include:

  • Failure to diagnose a disease (especially cancer) while treatment is still an option
  • Missed diagnoses by emergency trauma departments where reaction time can mean life or death
  • Wrong diagnosis leading to delay or necessary treatment

To prove that your doctor failed to diagnose or treat you, four things that must be proven:

  • The existence of a doctor-patient relationship
  • Failure on the part of the doctor to diagnose or treat your illness
  • Injury or a worsened condition as a result of the medical professional’s negligence
  • Losses (financial and non-financial) incurred due to the medical professional’s actions.

Keep in mind that these cases can be incredibly complex, and the doctor, facility, and their insurer will likely do everything in their power to fight back against your claim.

Proving negligence typically requires an expert testimony, in which another physician testifies to the standard of care, or what a reasonably confident doctor would have done in the same situation. You then must prove that your physician strayed from the defined standard of care, and you suffered harm as a result.

Contact a New York Delayed Diagnosis Lawyer

If you suffered injuries or if a health condition worsened due to a medical professional’s failure to diagnose or treat you, you have the right to seek answers, compensation, and justice. Proving these claims can be challenging, and it is not advisable that you try to handle your case on your own. Instead, turn to an experienced delayed diagnosis lawyer in New York to have the best chance at holding the medical professional or facility accountable for the harm you’ve suffered.

The attorneys at Hach & Rose, LLP will be ready to stand up and fight for you when you call us at (212) 779-0057, chat with us live, or fill out a contact form today.


Albany, NY – Man Who Died in ER After Second Dose of Drug from Doctors, Identified

The Bronx, NY – Update: Injured Victim of Crash on Bronx Rover Parkway Dies, Identified

Albany, NY (November 13, 2018) – A man was reported to have passed away after being restrained by medical staff at Albany Medical Center Wednesday night, November 7, has been identified as 45-year-old Sean Purvis. The incident originally began at around 7:40 p.m. that Wednesday when police received a call about an intoxicated man who was harassing people near Swinburne Park.


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