Unusual New York City Court Cases – 3 Examples

DOCTOR’S FALSE ASSURANCES RESULTS IN WOMEN GETTING PREGNANT WITH BREAST CANCER
A 32 year old newlywed women presented to her family doctor with a breast lump she could feel. The doctor confirmed the palpable breast lump and documented it in her notes. The family doctor never told the radiologists about the lump, and the radiologists performed the wrong tests for a women with a lump, and the radiologists never specifically examined the lump. The screening mammogram and sonogram reports indicated “benign findings” and “no evidence of cancer.” The family doctor violated the standard of care as she failed to perform a biopsy on the palpable breast lump or refer the patient to a breast specialist, failed to communicate her findings to the radiologists, and never followed up with the patient. As a result, the women became pregnant with her first child and the estrogen and progesterone hormones caused her tumor to grow, her cancer to spread to her lymph nodes, caused her to undergo a mastectomy while 7 months pregnant, and decreased her best chances of survival.

SURGEON DEEP PLUNGES SURGICAL INSTRUMENT DURING LAPAROSCOPIC STERILIZATION PROCEDURE
34 year old healthy mother and wife sought to have her tubes tied laparoscopically by a surgeon who is assisted by a second year resident at the hospital. During the initial “blind entry procedure” the doctor deep plunges a surgical instrument into the patient’s abdomen lacerating 4 layers of the small bowel and striking an area in the lower abdomen called the the cul de sac. The doctor claims that the injuries are an accepted risk of the procedure, and that she was not negligent. The doctor’s insurance carrier settled the matter at trial for an undisclosed sum.

 

WORLD TRADE CENTER BOMBING CASES
Our clients were working in the World Trade Center Towers when several bombs exploded on February 26, 1993. They sustained permanent injuries as they were evacuating the premises. Even though the Port Authority denied liability for the incident, they eventually settled all of our client’s claims.

 

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