Medical Malpractice

G&S Obtains Defense Verdict in Tough Eye Case Involving Multiple Surgeries

The Plaintiff had undergone cataract surgery performed by our client. One day after the surgery, as well as a week after surgery, plaintiff was evaluated by our client with very poor visual acuity (ability to only “count fingers” at 2 feet). On the third post-operative visit, our client determined that the intra-ocular lens (the artificial lens that he inserted as a replacement for the human lens which has developed a cataract) had dislocated. As a result, the plaintiff had to undergo a series of surgeries to correct this situation, which allegedly caused him to have serious problems with depth perception, glare and blurry vision. The claim of malpractice essentially was that the intra-ocular lens had dislocated right after the surgery, which was demonstrated by the extremely poor visual acuity one the first and second visits and that our client had failed to diagnose it in a timely fashion. The plaintiff’s…Read More

G&S Obtains Defense Verdict in Death Claim

Gordon & Silber represented an internist/rheumatologist in a case of medical malpractice. Plaintiff’s decedent was his long-time patient. Although he was healthy, he had some issues including reflux disease, obesity, hypertension and high cholesterol putting him at risk for heart disease. He presented in February 2008 with chest pain. Our client sent him to a cardiologist for a work-up. His stress test and echocardiogram showed no signs of coronary artery disease. He had no more problems until May 2010 when he again presented to our client with complaints of chest pain. Our client did not believe the pain was cardiac in nature. Rather, he believed it might be an esophageal spasm which can cause chest pain. He recommended an anti-spasmotic medication and advised him to return if he wasn’t getting better. Instead of returning he went to a gastro-intestinal doctor (“GI”) in August 2010. The GI diagnosed him with erosive…Read More

G&S Triumphs in Second Landmark Trial Involving Billion Dollar Estate

Gordon & Silber, P.C. (G&S), recently triumphed in a second landmark trial involving the billion dollar estate of the late Robert Cohen, the owner and Chairman of the Hudson News Company. G&S was retained by the law firm DeCotiis, Fitzpatrick & Cole, LLP (DF&C) to handle the critical medical issues in both trials. In the first trial G&S established that Robert Cohen was medically competent despite suffering from advanced Progressive Supranuclear Palsy (PSP). In the second trial, G&S assisted DF&C in establishing that the changes Robert Cohen made to his will in his last years were not the subject of undue influence from his son James Cohen. G&S senior trial partner Sandy Gold assisted by partner Laura Rodgers, with little more than their legal pads, bested the 760 attorney law firm of Paul, Weiss, Rifkind, Wharton and Garrison in the first trial. In the second trial, Sandy and Laura’s low…Read More

Man Sues Doctors Who Mocked him During Colonoscopy

A colonoscopy patient in Virginia is suing the doctors who performed his colonoscopy for defamation and infliction of emotional distress. The suit alleges that Tiffany Ingham M.D. and Solomon Shah M.D. began impugning him as soon as he was unconscious. He knew this because he used his cell phone to record the doctors’ instructions for post-operative care and then neglected to turn it off. One doctor was recorded as saying “after five minutes of talking to you in pre-op I wanted to punch you in the face and man you up a little bit.” It recorded a doctor referring to another doctor who would like to “eat [plaintif] for lunch”. They discussed his lack of manliness, his being a “big wimp” and whether he was gay. They also discussed an an irritation on his penis and wondered theorized it was syphilis. There also was an indication that a medical assistant…Read More

Chiropractic Malpractice Does not Qualify for Medical Malpractice 2 1/2 Year Statute of Limitations

In an important decision to those involved in the field of chiropractic malpractice, the First Department decided on February 6, 2014 in the case Perez v. Fitzgerald, that the 2½ statute of limitations for medical, dental and podiatric malpractice (CPLR 214-a) does not automatically apply to chiropractic malpractice actions. Ms. Perez sued her chiropractor Fitzgerald, for failure to diagnose a tumor in her neck. She had originally presented to him in May 2005 after a car accident complaining of neck pain. He ordered an MRI and reviewed the radiologist’s report which indicated she had a number of herniated/bulging discs with no mention of a tumor. He treated her neck pain and hand numbness with chiropractic adjustments. Although she was being treated by various other physicians she did not complain to the others about her neck pain and hand numbness. In 2007, she saw a new chiropractor when her condition did…Read More