Medical Malpractice

The Law Firm of Dominick J. Robustelli & Associates, PLLC handles significant medical malpractice cases. When a doctor, dentist or hospital cause errors in diagnosing a medical condition of an individual, you can sue the entity or individual for damages.

medical malpractice When a doctor or any health care provider departs from accepted medical practice resulting in injury or death of a patient, the doctor or other health care provider can be liable to the injured party. Liability of the doctor or health care provider is the direct result of deviating from the reasonable standard of care. The injured patient can sue for past and future pain and suffering, medical expenses, and lost earnings. In a death case, the surviving family members can sue to recover those items.

Typical types of medical malpractice cases involve the following: failure to diagnose (cancer), delay to treat or failure to diagnose a medical condition; hospital negligence; emergency room errors; medication errors; surgical errors (i.e. – the wrong part of the body being operated on); and anesthesia malpractice which can sometimes result in brain injury. These cases use qualified experts in the field (orthopedist, neurologist, surgeons, oncologists, etc.) to prove your claim. The experts are extremely expensive thus the ultimate value of the injury or death must be substantial to commence a medical malpractice case. In death cases, not only do you use medical experts, but also expert accountants, financial analysts, economists and life planners for lost wage and costs analysis for the past and future care.

The Law Firm of Dominick J. Robustelli & Associates, PLLC handled a case where a forty-eight year old man had significant problems with his low back as a result of working in construction for a number of years. Part of his treatment leads him to a well known New York hospital for a nerve root block to stop the pain in his low back.

Under a supervising anesthesiologist, a resident was handling the case. As the procedure started with the patient face down on the table, a solution of medicine was shot into the appropriate place in the back. The patient felt shocks and yelled to get the needle out and the next thing he knew he felt like a top and could not feel anything below his chest. The resident, after the patient yelled and moved, had pushed the medicine into the back resulting in damage to the spinal cord and paralysis to the patient from the stomach to his feet.

This case involved significant use of medical experts to prove the doctor deviated from the accepted medical procedures and caused significant damage to the patient. The case eventually settled in the millions but not until all parties in the lawsuit gave testimony at depositions including the plaintiff. The Law Firm of Dominick J. Robustelli & Associates, PLLC, over the years of litigation and now many years later, still communicates with this individual client. He will always be part of our “family”.

The Law Firm of Dominick J. Robustelli & Associates, PLLC is presently handling a case where the life planner has calculated the cost to keep a 26 year old with traumatic brain injury for his life expectancy of 46.4 years to be between $1,567,726.70 and $1,635,777.20. This expert opinion is combined with an expert economist’s opinion who calculated lost earnings, fringe benefits loss (vacation, pension), past periods of loss including annual cost increases and adds this to the life planner’s calculation and this 26 year old has a loss earnings plus future life costs of between $9,570,311.00 and $12,998,716.00. These figures are heard and used by the jury in calculating the verdict.

The medical malpractice area involves significant time and money (for experts, etc.) and a great involvement of time. The Law Firm of Dominick J. Robustelli & Associates, PLLC handles significant medical malpractice. So, if you or a loved one has been damaged by a medical professional or a hospital, call the Law Firm of Dominick J. Robustelli & Associates, PLLC at (914) 288-0800.

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