New York Medical Malpractice Archives - Page 2 of 20

New York’s Highest Appellate Court Refuses To Allow Recovery For Mother’s Emotional Damages For Baby Born Alive But Who Died Shortly After Birth Due To Medical Negligence During Delivery

December 4, 2025

Plaintiff Veronica SanMiguel was admitted to defendant St. Barnabas Hospital (St. Barnabas) on July 1, 2012, after she did not go into labor by her due date. She came under the care of defendant Dr. Meryl Y. Grimaldi who, along with St. Barnabas’s nursing staff, induced labor. On the morning of Ju[...]

New York Appellate Court Affirms Doctor Not Entitled To Summary Judgment In HIE Malpractice Case

November 30, 2025

In its July 25, 2025 Memorandum and Opinion, the Supreme Court of the State of New York Appellate Division, Fourth Judicial Circuit, affirmed the trial court’s denial of the medical malpractice defendant’s motion for summary judgment, stating: Plaintiff commenced this medical malpractice act[...]

New York Appellate Court Rules Patient’s Statement In Medical Record Admissible As Business Records Exception To Hearsay Rule

October 19, 2025

On September 25, 2019, the plaintiff was employed as a laborer by the third-party defendant, ATA Construction New York, Inc. (“ATA”), when he allegedly was injured at a construction site located at 160 Dikeman Street in Brooklyn, which was owned by the defendant 160 Dikeman Street, LLC ([...]

New York Appellate Court Rules Plaintiff Who Filed Claim With September 11th Victim Compensation Fund Waived Medical Malpractice Claim

August 25, 2025

The plaintiff worked in a law enforcement capacity in the vicinity of the World Trade Center site in the days following the terrorist attacks of September 11, 2001. Years later, he was diagnosed with prostate cancer. The plaintiff filed a New York medical malpractice lawsuit against his former prima[...]

New York Appellate Court Affirms Denial Of Summary Judgment For Urgent Care Medical Malpractice Defendants

August 3, 2025

Plaintiffs filed their New York medical malpractice action seeking damages for injuries that Donald Scott (plaintiff) allegedly sustained as a result of the failure of the defendants, Theresa Mellas, P.A. and MedFirst Urgent Care, PLLC, doing business as MASH Urgent Care (MASH Urgent Care), to timel[...]

$5.6M New York Medical Malpractice Verdict For Amputated Leg

July 31, 2025

In early June 2025, a New York medical malpractice jury awarded a 75-year-old man, who exercised and swam regularly, $5.6 million for his leg amputation that was required due to a hospital emergency room visit on June 6, 2018, which he alleged was entirely preventable, according to his New York medi[...]

$60M Upstate New York Medical Malpractice Verdict For Botched Epidural Steroid Injection

July 7, 2025

An upstate New York medical malpractice jury returned its verdict in favor of a now 65-year-old man who suffered a spinal cord infarction after a routine epidural steroid injection, leaving him paralyzed with permanent paraplegia, neurogenic bowel and bladder, chronic neuropathic pain, and impotence[...]

New York Appellate Court Affirms Summary Judgment For Medical Malpractice Defendants

May 30, 2025

The plaintiffs filed their New York medical malpractice action against Nadezhda Krebs, Natela Abramov, and Mount Sinai Hospital of Queens (“Mount Sinai”) alleging that they deviated from the accepted standard of medical care by clearing the plaintiffs’ decedent for general anesthesia d[...]

New York Appellate Court Affirms Denial Of Summary Judgment For Medical Malpractice Defendants

May 12, 2025

In its January 31, 2025 Memorandum and Opinion, the Supreme Court of the State of New York Appellate Division, Fourth Judicial Circuit, affirmed the trial court’s denial of the medical malpractice defendants’ motion for summary judgment, stating: In support of the motion, defendants subm[...]

$45M Settlement For New York Nursing Homes Fraud, Neglect

January 13, 2025

New York’s Attorney General announced on November 14, 2024 a settlement with four New York nursing homes managed by Centers for Care, LLC (“Centers”) that will require them to pay $45 million and address years of resident mistreatment and neglect. The Office of the Attorney General[...]

New York Appellate Court Affirms Summary Judgment For Ophthalmologist In Cataract Surgery Malpractice Case

December 21, 2024

In October 2013, Ralph Carter (the decedent), who had a long, significant history of alcohol abuse, presented to the defendant Jonathan Ellant, an ophthalmologist, with vision issues. Upon determining that the decedent had cataracts in each eye, Ellant recommended that the decedent have surgery perf[...]

New York Appellate Court Reinstates Medical Malpractice Defense Verdict

December 16, 2024

Background Facts After Gretchen Revere (plaintiff) presented to her primary care physician (PCP) with numerous symptoms including the loss of taste and smell, the PCP referred plaintiff to allergist Stella M. Castro, M.D. of Asthma & Allergy Associates, P.C. (defendants). Following an initial ev[...]

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Category: New York Medical Malpractice