Sullivan -Brill
SCHEDULE A FREE CONSULTATION
(212) 566-1000

Medical malpractice can sometimes go undetected until the harm caused by the malpractice is first noticed. Certain instances such as surgical malpractice may not show negative effects until years later. Learning about the signs of medical malpractice might help you detect the problem sooner. If you suspect malpractice, reach out to a New York medical malpractice attorney today.

DETECTING MEDICAL MALPRACTICE

There is no universal way to detect medical malpractice at all times. If so, then most people would be able to prevent malpractice from ever happening and there would be fewer lawsuits. Unfortunately, a lot

of malpractice happens behind the scenes, and the effects are not seen until the damage is already done.

However, there are cases where malpractice could possibly be detected sooner. There are certain signs to look for when it comes to negligent doctors and medical staff. Some medical malpractice incidents can also be immediately obvious while others may show negative effects right after a procedure.

Detecting signs of malpractice means looking for things that seem off or unprofessional. Doctors who fail to follow up with a patient who has concerns about worsening symptoms or side effects might be acting carelessly. A medical team who takes too long to see a patient who is in need of emergency care might be deemed negligent in certain cases.

Doctors who rush through the examination and diagnosis process can make mistakes. Be wary if your doctor has sped through their examination and has not addressed all of your questions. Medical professionals who ignore serious concerns expressed by a patient might be missing important details for your treatment needs.

When it comes to medications, signs to look for include:

COMMON EXAMPLES OF MEDICAL MALPRACTICE

Being aware of some of the most common types of medical malpractice might also help you detect malpractice. The main types of medical malpractice include diagnostic errors, surgical mistakes, defective medical devices, medication errors, and failure to properly treat a condition. You may not notice signs of these until after the damage is done.

For example, surgical malpractice is not something most people can foresee signs of. However, picking up on signs of this after the surgery is vital for preventing further harm. Note down any strange symptoms and effects after the surgery like infections, complications, and pain. This may uncover a surgical instrument left inside the body or a defective implant.

Consider contacting a New York City medical malpractice lawyer if you think you experienced malpractice. A lawyer can help you build your case for substantial compensation for any damages you suffered.

NEW YORK CITY MEDICAL MALPRACTICE ATTORNEY

Figuring out if you experienced medical malpractice is not always easy. Do not hesitate to call the Sullivan and Brill Law Firm today at (212) 566-1000 to speak with a New York medical malpractice lawyer for a consultation today. Our team of attorneys might be able to help you take legal action and obtain compensation for any damages you suffered. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Almost every medication has side effects listed on the label. The primary reason for this is to avoid being sued. However, when a side effect is experienced but not listed on the label, then the medication company could be liable. If you suffered unexpected harm from a medication, then you might be able to sue the prescribing medical professional or medication company. Talk to a New York medical malpractice lawyer to explore your options.

HARMFUL MEDICATION SIDE EFFECTS

The Food and Drug Administration (FDA) describes adverse medication reactions, or side effects, as unwanted effects caused by a medication. In some cases, these side effects are common and mild, rare and severe, or rare and mild. Medications with common and severe side effects often do not make it into the market.

A single medication can cause adverse side effects but so can mixing medications. This can happen by accident when patients are prescribed multiple medications at once. These medication interactions can lead to worse side effects than if the medications were taken alone.

All of these are reasons why most medication labels have extensive lists of side effects and warnings. Many warning labels will instruct consumers not to mix the medication with specific types of medications. Some medications have labels that warn consumers against driving or operating heavy machinery due to the side effects.

Doctors are also expected to warn patients about potential adverse side effects. This includes side effects that could lead to high risks while driving. pregnant, or consuming certain substances like alcohol. Ignoring these warnings comes down to the liability of the patient. When no warnings are given, liability for harm falls onto the prescriber or manufacturer of the medication.

HOW TO SUE FOR SIDE EFFECTS

If you suffered significant harm from a defective medication and you were not warned about this harm, then you might be able to sue. Medical malpractice claims can be filed against doctors who fail to warn patients. A product liability claim can be filed against the medication manufacturer if a mistake was made with the product itself.

Filing a product liability claim related to medication side effects often comes down to identifying marketing defects. A marketing defect occurs when a product fails to properly label or provide instructions for safe use. Medications that exclude information and labels about side effects, negative medication interactions, and what to avoid while on the medication fit this standard.

Consider contacting a New York product liability lawyer if you suspect a marketing defect. Collect evidence by keeping the defective product, documenting your damages, and with copies of medical records.

NEW YORK CITY PRODUCT LIABILITY LAWYER

You could be eligible for compensation if you suffered harm from a faulty medication. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York product liability attorney for a free consultation. Our San Juan team of lawyers might be able to increase your chances of compensation for medical bills, emotional distress, and other damages caused by the medication. We serve clients in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Losing a loved one to an unexpected accident can be a shocking and disheartening experience to go through. The last thing many people want during these times is additional stress from financial losses. An unexpected loss may lead to several financial obstacles when loved ones are unprepared. This is when many people wonder if they can sue for wrongful death. Talk to a New York City wrongful death attorney to learn more.

WHEN CAN A WRONGFUL DEATH CLAIM BE FILED?

Many people wonder what counts as wrongful death. A wrongful death claim can be filed when a third party is at fault for the death of someone else. This means another person or business was directly or

partially at fault for the injury that led to the passing.

Some of the most common examples of wrongful death causes include car accidents, assault, workplace accidents, and medical malpractice. While the person who caused the death may not have intended for the death to occur, this does not make them immune to liability. Even if the cause was accidental, someone could still be sued for negligence.

Negligence can take two forms, an act of commission and an act of omission. Acts of commission mean a reckless or careless action that caused harm to someone else. Whereas acts of omission are failures to take certain actions to prevent harm to someone. When these lead to death, a wrongful death claim can be filed.

A wrongful death claim can also be filed when the cause was intentional. People who assault other people may not have intended to cause the loss of someone's life, but the assault was intentional. Consider contacting a New York City wrongful death lawyer if you have questions about any of this.

WHO CAN SUE FOR WRONGFUL DEATH?

Now that you know when you can sue for wrongful death, you might be wondering if you or someone else can sue. Those who can sue for wrongful death are generally limited to family members of the deceased loved one. This mostly means immediate family members like spouses and children.

However, in some cases, distant family members like grandparents can file a wrongful death claim. In cases like these, the grandparents may need to prove they were the guardians of the person who passed away. There must be some type of close tie between them.

In certain cases, financial dependents can also sue for wrongful death, especially if their lives have been disrupted. This could be someone who was living with the person and who was financially dependent on the deceased loved one.

NEW YORK CITY WRONGFUL DEATH ATTORNEY

Navigating the legal aspects of a wrongful death claim is not always easy. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York wrongful death lawyer for a free consultation today. Our Puerto Rico legal team is ready to help you obtain compensation for funeral costs, pain and suffering, and income loss. We can be found throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

All it takes is one diagnostic error to change a patient's life in drastic ways. The effects of a diagnostic error depend on how severe the error is and what medical condition the person is dealing with. Some diagnostic mistakes involve minor effects while others can be life-threatening. You might be able to take legal action if this happened to you. All you have to do is discuss your situation with a New York City medical malpractice lawyer who can help.

HARM CAUSED BY DIAGNOSTIC ERRORS

The harm caused by diagnostic errors is more widespread than many people might think. Thousands of patients are injured or pass away each year in the United States as a result of diagnostic errors. Many of the patients who live are left with lifelong disabilities and impairments.

This is how one diagnostic error can change the rest of someone's life. Out of the thousands of medical malpractice claims filed each year, diagnostic errors represent some of the most common forms of malpractice. Compared to other forms of medical malpractice, diagnostic mistakes tend to lead to more deaths and disabilities.

Diagnostic errors can occur in several different ways. The three main types of diagnostic errors are missed diagnoses, delayed diagnoses, and wrong diagnoses. Missed diagnoses, the most common type, occur when a medical professional misses a symptom or sign and fails to diagnose a medical condition. When the medical condition is something as serious as cancer, the result of missing this can be catastrophic.

Delayed diagnoses can have similar effects on a patient with cancer. If a doctor fails to detect cancer soon enough, then this delays treatment which could result in cancer spreading. Wrong diagnoses may lead to unnecessary tests and treatments that fail to treat the underlying condition, wasting time and money.

HOW DIAGNOSTIC ERRORS HAPPEN

When it comes to diagnostic error causes, these can happen during almost any phase of the diagnostic process. The phases of the diagnostic process include presentation, history taking, physical exam, tests, assessment, referral, and follow-up. An error could be deemed negligent if there is reason to believe there was an act of commission or omission.

An act of commission can happen during diagnosing when a doctor does something wrong or incorrect during the diagnosis. This might be intentionally ignoring test results or symptoms. Omission happens when a doctor fails to do the right thing or fails to take the required steps in the diagnostic process.

You may not have to pay for your medical bills and other damages if your health provider acted negligently. Consider contacting a New York City medical malpractice lawyer if you have questions about suing.

NEW YORK CITY MEDICAL MALPRACTICE LAWYER

You may not have to pay for the negative effects of misdiagnosis. Call the Sullivan and Brill Law Firm at (212) 566-1000 today to talk to a New York medical malpractice attorney for a free consultation. Our Bronx legal team can help you obtain compensation for lost wages, pain and suffering, and medical costs. We serve clients in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

If you were injured or significantly harmed by a defective medical device, then you could be eligible for substantial compensation. Depending on the circumstances, you might be able to file a lawsuit against your doctor or the product manufacturer. The hard part is figuring out who to sue and how to sue. Feel free to reach out to a New York City product liability lawyer for answers.

DEFECTIVE MEDICAL DEVICES

Medical devices are recalled by the United States Food and Drug Administration (FDA) each year due to defects. The harm caused by defective medical devices ranges from mild discomfort to life-threatening injuries. Depending on the type of medical device that becomes defective, a person could be left with permanent harm.

Some of the most common defective medical devices that have been recalled over the past several years are implants. Surgical mesh was recalled after the mesh shrunk over time, resulting in severe pain in patients who had the mesh implanted in them. What happened is surgical mesh manufacturers were able to skip testing of their product with legal loopholes.

Many medical device companies will attempt to do the same thing to speed up their revenue. An implanted lap band designed to reduce eating for purposes of helping patients lose weight ended up injuring patients. The lap band had started causing many patients chronic nausea, vomiting, and little to no results with weight loss.

Metal hip implants were recalled after several implant failures with one patient suffering the effects of metal debris poisoning. Other patients suffered chronic pain and injuries from these hip implants. Some patients struggled with physical activities as a result.

HOW TO SUE FOR A DEFECTIVE MEDICAL DEVICE

You might be wondering if you should sue your doctor or the medical device manufacturer for your injuries. This can be a difficult question because the answer depends on who was negligent. If the doctor knowingly used a defective medical device, then the doctor could be held liable.

A damaged or defective medical device for one medical device only could be a user error by a doctor or a manufacturing error. Having a manufacturing error would mean you would sue the product manufacturer. This involves filing a product liability lawsuit against the medical device company.

Taking an action like this can be intimidating but might be easier than suing your doctor if you have evidence. You must prove a defect in the design, manufacturing, or marketing of the medical device. Pictures of the damage, defects, and blueprints all serve as evidence.

Try contacting a New York City product liability lawyer if you have questions about what other steps to take.

NEW YORK CITY PRODUCT LIABILITY ATTORNEY

Figuring out how to sue for a defective medical device can be complicated. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to speak with a New York medical malpractice lawyer for a free consultation. Our San Juan legal team might be able to help you obtain compensation for medical bills, emotional distress, and lost income. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

This month attorneys have filed a request to centralize the Allergan Biocell textured breast implants lawsuits into a multidistrict litigation, also known as an MDL. The Judicial Panel of Multidistrict Litigation, JPML, is a panel of judges who will decided whether to grant this request.  An MDL would consolidate the several class action lawsuits that have been filed, along with any individual cases that have been or will be filed since the recall of the breast implants into one litigation before the same judge.

The FDA has reported that women with Allergan textured breast implants have a six fold increase in the risk of developing breast implant-associated anaplastic large cell lymphoma, BIA-ALCL, a cancer associated with the recalled product, over any other manufacturer. The plaintiffs argue that these cases should be consolidated because of the number of women that have been affected and the commonality of their claims. Thousands of women have the recalled implants and hundreds have already began to exhibit symptoms of BIA-ALCL.

Although Allergan has agreed to cover the cost to replace the implant itself, it has not agreed to supplement any of the expenses associated with the replacement, such has the removal surgery or medical monitoring costs. The plaintiffs motion seeks to centralize the pending cases before the United States District Court for the Middle District of Tennessee or the United States District Court for the Central District of California. While the class action lawsuits have initiated the consolidation, individual BIA-ALCL claims will likely also be centralized into the MDL and will preserve their individual identities, utilizing the MDL processes while moving toward trial. Sullivan Brill Personal Injury Attorneys in New York are here to help victims seek justice and compensation for injuries related to these recalled implants. Contact us today for expert legal guidance.

Less than a month after textured breast implant manufacturer, Allergan, announced its voluntary recall, two women have filed a class-action lawsuit against the company.  On July 24th, Allergan recalled certain textured breast implants and tissue expanders. On July 30th, Allergan announced it will pay to cover the cost of a new implant itself, but will not cover the cost of the surgery to remove and replace them.

The two women who have filed the lawsuit allege that Allegeran was aware of the increased risk of developing BIA-ALCL and dismissed and downplayed the potential risks. Like many others, these two women have spent large sums of money unbeknownst to them that the product could increase their risk of developing cancer. The class action seeks to compel Allergan to cover the costs associated with explanting the recalled product and replacing them with a safe option.

The lawyers at Sullivan & Brill, LLP are currently representing women that have been implanted with these recalled breast implants and are investigating the strength of their legal claims. No one should have to deal with the anxiety and stress of living with a recalled product inside their bodies. A medical device manufacturer has a duty to ensure that the device is reasonably safe for its intended purpose and to warn consumers of the risks of which it is aware. If the medical device is not suited for its intended purpose or if the manufacturer is aware of risks, but does not warn of these risks, the company should be held responsible for the harm the device causes.

Contact Sullivan Brill Personal Injury Attorneys for a free consultation on whether you have a viable claim, call 212-566-1000 or complete the form on the right and one of our attorneys will contact you.

As more recalls on popular blood pressure medications rollout, users should check their prescriptions bottles and see if their medication has been recalled. Valsartan, Losartan, and Irbesartan are the Angiotensin II Receptor Blockers (ARBs) being recalled depending on the dosage, manufacturer and lot number.  The list of affected medications is not complete because the FDA is still undertaking testing of all ARBs to see if they are contaminated with the carcinogens. To see if the medication you are taking has been tested yet, and if so, what the results were, click here.

This week Teva Pharmaceuticals's voluntary recall list has expanded. Earlier in April, it recalled 35 lots of Losartan; now it has recalled an additional six lots possibly affected by the carcinogen.

The original recall states: “Based on the available information, the risk of developing cancer in a few patients following long-term use of the product cannot be ruled out”.

Teva, along with many other manufacturers, has been called on to account as to why this has occurred and to provide compensation to those who have been harmed by the medication.

The recalls which have been coming since July 2018 are the result of contamination with cancer-causing substances  during the formulatiion process. Three substances found to have contaminated many lots of Valsartan are N-nitrosodimethylamine (NDMA), N-Nitrosodiethylamine (NDEA), and/or N-Methylnitrosobutyric acid (NMBA).

A 2018 study in Denmark showed a 9% increased risk for cancer for people who ingested Valsartan contaminated with NDMA. Short term risks are still being evaluated, but the long term effects such as liver damage, stomach cancer, kidney cancer and colon cancer have been scientifically linked to the use of the contaminated drugs for longer than 6 months.

Search the full list of recalled angiotensin II receptor blockers (ARB) below by company, medicine, National Drug Code (NDC), lot number , or expiration date.

If you or a loved one has been diagnosed with liver damage or gastrointestinal cancer after extended exposure to Valsartan, Losartan, and Irbesartan, please call Sullivan Brill Personal Injury Attorneys today for a free consultation at (212)-566-1000.

AREAS WE SERVE

Our firm serves clients throughout New York State, including New York City, Buffalo, Rochester, Binghamton, Albany, Syracuse, and Long Island.

OFFICE LOCATIONS

Sullivan & Brill, LLP
110 E. 59th Street, Floor 23,
New York, NY 10022
Sullivan & Brill, LLP
50 Fountain Plaza, Suite 1400,
Buffalo, NY 14202

Copyright © Sullivan Brill Personal Injury Attorneys

chevron-down