New York City Personal Injury Lawyer - Medical Malpractice

Mother of Three Brain Dead from Spa Procedure

Paul Napoli — Mon, 05 Oct 2009 10:24:44 GMT

October 4th, 2009

The family of Rohie Kah-Orukotan, a 37-year-old nurse and mother of three, struggle with the decision of taking her off life support at after she suffered a complication during a spa procedure that has left her brain dead.

On September 25th, Kah-Orukotan went to a beauty spa, Weston Medspa of Westin, FL, for a routine liposuction procedure. Dr. Omar J. Brito Marin performed the procedure, but complications arose at the very end, which caused a seizure and rendered the patient unresponsive. Dr. Brito’s attorney states that the doctor immediately administered emergency care and called 911. It is unclear what types of emergency procedures or equipment the Weston Medspa had in place, but medspas are not required to have special emergency procedures or a crash cart filled with medications and equipment because they are not licensed for office surgery. Kah-Orukotan was taken by ambulance to Cleveland Clinic, where she has remained hospitalized on life support and certified brain dead.

Liposuction is not a service listed on the company’s website, nor is Weston Medspa licensed by the state for traditional liposuction under general anesthesia. Under state rules, medical offices do not have to be licensed to perform “lite liposuctions” that use only local anesthesia while a patient is awake. It is unclear which type of liposuction procedure was administered to Kah-Orukotan. Dr. Brito has a background in occupational medicine and is not not board-certified or trained in anesthesia or plastic surgery. "Dr. Brito was unaware of the licenses that were obtained by the clinic or the licenses enforced by the clinic," Brian Bieber, Dr. Omar Brito's criminal defense attorney, told ABC's Good Morning America.

According to the Florida Department of Health website, the State of Florida Board of Medicine disciplined Dr. Omar J. Brito Marin in 2006. It also states that Brito elected not to carry medical malpractice insurance and instead agreed to satisfy any adverse judgements up to the minimum amounts required by law.

The Broward Sheriff's Office is investigating the circumstances of the surgery and Dr. Brito’s response to Kah-Orukotan’s medical emergency.
If a person is the victim of medical malpractice and later passes away, then a wrongful death claim may be possible. At Napoli Bern Ripka LLP, we know that dealing with the death of a loved one is difficult. If someone else's negligence has contributed to a loved one's death, contact us at 888-529-4669 to discuss what you can do to recover for the loss.

Originally posted at InjuryBoard by Paul Napoli

Injured While Visiting or Staying in New York

Alan Ripka — Wed, 02 Sep 2009 15:59:42 GMT

During holiday or business trips to New York, with many visitors and tourists enjoying what New York has to offer, many people are injured as a result of automobile and trip and fall accidents, as well as medical malpractice. Unfortunately, most people don't know their legal rights or who to call in a place far from home.

Despite common belief, a person does not have to reside in New York City in order to bring a lawsuit for injuries that occurred while visiting New York. In fact, there will be only a few times that an injured person's presence may even be necessary, making the legal process convenient for those who live out of town or in a different country.

Many people find themselves having taxicab, bus, or train accidents, or tripping and falling on broken sidewalks, dangerous streets, construction areas, overhangs, and in buildings. Many workers who come to New York from places outside of the state get injured, keeping them out of work or unemployed. These injuries may cause these people to lose wages and become unable to pay bills or support their families. Others who are using New York hospitals or doctors find they have been injured as a result of medical malpractice. Alan Ripka, Esq., believes that "if you are injured while in New York, for any reason, you have the legal right to bring a lawsuit against the party who caused the injury despite living outside the city, or even outside of the country."

Further, if a friend or loved one is staying in a New York nursing home, or hospital, despite their residence being outside New York state, they too will have lawsuit and should be compensated for their injuries, such as bedsores, broken bones, medical malpractice, and/or neglect.

Non-residents of New York have legal rights too, and should have the ability to bring a claim against the city, state, or private person if they have been injured. These injured should be able to have an attorney in New York who will get them through the legal process and get them money damages for their injuries, lost wages, lost business, and lost holiday vacation. If you or a loved one has been injured in New York City, call Alan Ripka to discuss your claim. It makes no difference what city you live in.

The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against all kinds of companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, or personal injury. They are prepared to go to court and have a trial if necessary. Please contact our office and ask for Alan Ripka, one of our partners. Please specifically mention that you read the blog when contacting our office.

Originally posted at InjuryBoard by Alan Ripka

Are You at Risk for Sexually Transmitted Hepatitis C?

Alan Ripka — Fri, 31 Jul 2009 12:20:02 GMT

Those who contracted Hepatitis C at Northern Westchester Hospital between October 8, 2007 and February 28, 2008 may have sexually transmitted this virus through intimate relations to spouses, lovers, and acquaintances. Unbeknownst to the individuals who contracted Hepatitis C at Westchester Hospital, they were spreading the virus through sexual contact despite them believing they were healthy. Those who have contracted Hepatitis C in this manner will have a claim against Northern Westchester Hospital, according to Alan Ripka, Esquire. "The people who contracted Hepatitus C had no way of knowing they were at risk, and could not inform their sexual partners," states Alan Ripka. Those that know or believe that they have had physical contact with someone exposed to Hepatitis C should be tested immediately.

If you, a friend or loved one was at or treated at Northern Westchester Hospital between October 8, 2007 and February 28, 2008, and believe you may have been exposed, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury. They are prepared to go to court and have a trial if necessary. Please contact the lawfirm and ask for Alan Ripka, one of our partners.

Originally posted at InjuryBoard by Alan Ripka

Exposure to Hepatitis C Could Spark Lawsuits

Alan Ripka — Thu, 16 Jul 2009 12:14:46 GMT

Today’s news and newspapers uncovers Northern Westchester hospital, in Westchester NY, as having potentially exposing 6,000 patients to Hepatitis C. The patients were injected with what they thought was Fentanyl, a painkiller. However, a surgical technician had substituted the drug with saline after injecting herself because of a drug dependency. She put back the very needles she used, which were then used on patients. The surgical technician had Hepatitis C, which infected many of the needles, thus infecting patients that were injected with the same needle. All of these patients may have a lawsuit for medical malpractice or negligence for their personal injuries.

Hepatitis C is a liver disease caused by the Hepatitis C virus. It can result in liver cirrhosis and cancer. It is mainly transmitted through contact with the blood of an infected person, primarily through sharing contaminated needles to inject drugs. Symptoms can include decreased appetite, fatigue, abdominal pain, jaundice, itching, and flu-like symptoms. However, most infected people experience no symptoms, and the infection is many times discovered accidentally. Although infection can be treated with medication, only around half of those infected are completely cured.

It is Alan Ripka’s opinion that the hospital and their agents were negligent in allowing this to happen. The hospital should have supervised its employees and been certain that the needles and drugs were counted, monitored, and supervised. By allowing access to these narcotic painkillers, they put the public at risk, especially patients who would be injected with these syringes. Not to mention that the patients who needed the pain killer to relieve their discomfort received nothing more than the saline solution that had been substituted by the drug-addicted surgical technician. The hospital and their staff should have seen that the patients were getting no relief from their pain and investigated why. They would have then determined with simple lab tests that the syringes or needles didn't contain the painkiller, but instead, the saline solution, and this would have triggered an investigation that would have prevented this from occurring. Now, as a result of this medical malpractice, many innocent people will live with Hepatitis C.

If you, a friend or loved one was at or treated at Northern Westchester Hospital between October 8, 2007 and February 28, 2008, and believe you may have been exposed, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please contact Alan Ripka, one of our partners.

Originally posted at InjuryBoard by Alan Ripka

Intestinal Anastomotic Failures

Alan Ripka — Wed, 15 Jul 2009 12:16:10 GMT

If you've had abdominal surgery, or an intestinal-bowel-colon resection and it failed, it may be due to medical malpractice, product liability (such as the device that seals the ends malfunctioned or has a defective design), or both.

Increasingly mechanical staplers are used in the anastomosis, or joining of cut sections, in surgical procedures such as low anterior resection, coloproctostomy or colorectostomy, or abdominal surgery. There is one stapler, in particular, that has been known and reported to have and cause problems. It is called the Contour Curved Cutter Stapler and is made by a company called Ethicon Endo-Surgery, Inc., located in Cincinnati, Ohio.

The Contour Curved Cutter Stapler is put through an incision made prior, the tissue (for example, the rectum) is transected with the stapling device, and the anastomosis is accomplished by a double stapling technique.

However, the problem with the Contour Curved Cutter Stapler is that there are many reports of product malfunction. At times, the pin does not move when fired. Other times the stapler does not fire at all. Staples are not always placed when they are supposed to. One known problem with this device is that the although the device closes and fires, the blade does not always cut, and the jaws do not always open, meaning that the stapler must be cut out of the tissue manually with a scalpel. Another known issue is that the staple line opens after anastomosis, causing serious injury. Yet another issue is that a combination of the stapler's anvil not opening all the way and the sharp edges of the pusher blocks results in portions of tissue being in the staple load's grip, causing tears and injury. Defects like these can result in anastomic leakage and a failed resection.

Anastomic leakage is disastrous. Patients can experience terrible abdominal pain, tachycardia, high fevers, and a rigid abdomen, often accompanied by hemodynamic instability. Others have low-grade fever, prolonged ileus, or failure to thrive. While there are many factors that can contribute to a leak, it can be caused by misplaced staples or defective stapling devices.

If you or a loved one has suffered complications after abdominal surgery or a failed resection, you may be entitled to compensation. The professional team of lawyers at Napoli Bern Ripka Law Firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please contact or call and ask for Alan Ripka, one of our partners.

Originally posted at InjuryBoard by Alan Ripka

Staffers Tried To Cover Up Waiting Room Death, Report Says

Chrissie Cole — Fri, 19 Jun 2009 11:32:00 GMT

A report by the Department of Investigation released today -- a year after Esmin Green’s death -- reveals staffers allegedly falsified records and lied to authorities in an attempt to cover up the neglect which led to her death.

Green had been sitting in the King County Hospital waiting room for nearly 24 hours when she collapsed on the floor. She laid there for at least an hour before a nurse attempted to awaken her and found she had no pulse.

Her family was awarded a $2 million settlement as part of a wrongful-death lawsuit last month.

The city-owned hospital accepted full responsibility for the death and says the money does not equate to the value of Green’s life. It has undertaken relieving overcrowding by increasing the size of the staff by 200 to provide mental health services.

Green, a mother of six, had emigrated from Jamaica about a decade ago and worked as an aide with the elderly and at a day care center before she lost her job. Her church knew her as “Sister Green”. She suffered from depression.

Originally posted at InjuryBoard by Chrissie Cole

Medical Apology Bill Gains Headway

Marc Jay Bern — Mon, 16 Mar 2009 11:28:19 GMT

There is a new proposed bill that actually makes it mandatory for doctors and medical professionals to apologize to victims of medical malpractice. The rate of medical malpractice recently has spiked due to carelessness and lack of paying an attention to detail during surgery and other procedures. This new bill is gaining a tremendous amount of support because the statement made by the medical professional will not be subjected to tests or legal matters. This allows the doctor and nurses to be able to apologize without having it affect their status in their legal proceedings. What prompted this new medical apology bill was that victims were feeling disappointed as their doctors could not convey their condolences if a matter of medical malpractice was present. What people tend to forget is that patients and doctors hold long standing relationships that go further then once instance of medical malpractice. There is a relationship there and when lines cannot be crossed due to legal matters, people tend to get upset. “For the legislation to apply, a gesture would have to be made to a patient prior to the start of any legal action”, says state Senator of Michigan Ms. Pat Vance. If you or a loved one has suffered through an act of medical malpractice contact super lawyers at Napoli Bern Ripka, LLP as soon as possible. They will be able to assess your case and determine the proper steps needed to take your case to the next level.

For more information on this article, click here

Originally posted at InjuryBoard by Marc Jay Bern

Medical Malpractice at an All-Time Low

Oguz Ozdemir — Tue, 13 Jan 2009 13:05:53 GMT

Many different counties across the United States have seen all time low rates of medical malpractice in 2008. This is a very interesting turn of events as we have seen the rate of medical malpractice increase for decades. Whether the economy has something to do with it or not, one of the major reasons why the rate has decreased is because of new laws being enacted across the country. One major law recently put in place that has helped to decrease the amount of medical malpractice is the cap on damages. This means that there is maximum amount that a defendant can receive for a medical malpractice lawsuit if it is found that the medical professional or medical institution was at fault. Lawyers have stated that the cost of the extensive research and testimonials needed to prove medical malpractice may not be worth pursuing due to the cap amount of the settlement. People also get very discouraged when they see a case where the doctor is found innocent and the defendant is out a significant amount of money while still recovering from the act of medical malpractice. Whether the reduction of medical malpractice lawsuits is because of the cap or not, medical malpractice still exists but now may not be pursued do the extreme costs. If you or a loved one has fallen victim to an act of medical malpractice, contact experienced and knowledgeable lawyers at Napoli Bern Ripka, LLP today at nbrlawfirm.com.

Originally posted at InjuryBoard by Oguz Ozdemir

Medical Malpractice Leaves Man Without Leg

Marc Jay Bern — Thu, 06 Nov 2008 17:33:08 GMT

Healthcare today has changed from what it used to be. Healthcare used to be one of the biggest prides of our country, and now it has changed because of the overwhelming amount of mistakes, misdiagnosis, medical errors, prescribing the wrong prescription, and even leaving surgical instruments in patients. Recently in Florida a man went in to the hospital to undergo a routine surgery on his right knee, during recovery the area where the surgery was performed began to swell and puss. The doctors at his hospital believed that it was just an infection caused from the surgery. Little did they know that less than three weeks later they would have to amputate the man’s leg above the knee because the infection had destructed his leg and knee so badly that he could no longer walk. The source of the infection? Doctors had left a small pin in the man’s knee that was accidentally dropped during surgery. No one knows whether it was accidentally dropped and no doctors noticed, or a doctor dropped it and was too lazy to look for it. Either way this is a huge problem in hospitals today, doctors are nurses are not taking the time they once took to look after patients. If doctors has done an X-RAY of the mans knee they would have easily seen the pin and most likely would have been able to save the man from amputation. If this has happened to you or a loved one visit nbrlawfirm.com to get in touch with an expert medical malpractice lawyer who can help you with your case. Don’t wait until it is too late.

Originally posted at InjuryBoard by Marc Jay Bern

Wrongful Death Lawsuit Filed By Family When Patient Dies After Surgery

Paul Napoli — Tue, 04 Nov 2008 18:28:48 GMT

After a patient undergoes surgery they are often considered very vulnerable and are normally watched carefully in order to make sure than they recover properly. Unfortunately, this wasn’t the case for a Santa Fe man who underwent surgery to unblock his carotid artery a few weeks ago. Normally this is a somewhat routine procedure, but when it was performed at Christus Saint Vincent Regional Medical Center something went terribly wrong. Although the surgery seemed to have gone well the patient began to show complications when in recovery after surgery. It is understood that the man began to have complications when the headrest of his electrical hospital bed was lowered; when the family began to notice that he was not doing well they spoke to doctors who didn’t react to the complaints. In statements made by the family it was said that not one doctor examined the patient after the family said something about his failing condition. If the doctors had examined the patient it is very likely that this death could have been prevented. The family is suing for both compensatory and punitive damages resulting from the death. It is the responsibility of doctors to take care of their patients when the patients are in the hospital, and by allowing deaths to occur as the result of negligence is unacceptable. Scenarios similar to this are increasing at an alarming rate in hospitals across the country. If a loved on has passed away as a result of the negligence of a doctor you are eligible to file a wrongful death lawsuit.

Originally posted at InjuryBoard by Paul Napoli