Medical malpractice and negligence occurs when a doctor, surgeon, hospital, nurse, or other healthcare provider fails to
treat a patient in accordance with the generally accepted standard of medical care and such departure from the
accepted standard of care causes injury or death.

While doctors and health-care providers are trained to know the applicable guidelines and standards of medical care
that they are suppose to render to their patients, it is usually complicated and difficult for a patient or the family of a
patient, who may have become a victim of malpractice, to know and understand if a health-care provider’s medical
treatment was a departure from acceptable standards of medical care, what the medical provider did wrong, what
medical treatment should have been appropriately rendered, and whether the injury or death of a patient was due to or
caused by something the doctor or health-care provider did or should have done. In the event of death, it is even more
difficult for the family of a victim of malpractice, who were not present during the medical treatment provided to their
parent, sibling, spouse, grandparent, etc., to answer these questions and determine whether their loss was caused by
the malpractice of a health care provider. Not all undesirable medical results are considered medical malpractice. An
experienced medical practice law firm can assist you with answering these complex questions and determine whether
you or a member of your family has been a victim of medical malpractice.

Ginsberg & Wolf, P.C. is a well-known, aggressive and recognized medical malpractice law firm in New York City and the
surrounding areas. Its attorneys have successfully represented victims of medical negligence and malpractice and have
recovered millions for its medical malpractice clients.  Our attorneys have been rated by New York Magazine’s Best
Lawyers and Super Lawyers Magazine as a top in their State and by The National Trial Lawyers Association and the Top
100 Trial Lawyers in New York. Ginsberg & Wolf also practices medical malpractice law in the State of New Jersey.

As an experienced medical malpractice law firm, Ginsberg & Wolf’s attorneys understand how to define the applicable
standards of medical care, are able to illustrate the violation of those standards and can establish the link between the
violation and your injury or the injury or death of a love one. It is the goal of our law firm to ensure health care providers
follow safety guidelines and standards that are intended to ensure that patients are never exposed to unreasonable or
unnecessary health risks.  If health care providers fail follow those patient safety guidelines and standards, and a
patient is hurt or killed, the law firm of Ginsberg & Wolf is available to make sure that the doctor, hospital, nurse or
other medical professional that committed the malpractice pays for their mistakes and adequately and fairly
compensates the victim and/or the family of a victim of the malpractice.


Our law firm accepts a full range of medical negligence cases, including the following.
Surgical errors
Failure to diagnose:
Birth injuries
Prescription drug malpractice
Failure to properly administer medication
Anesthesia errors
Hospital negligence

In New York, any medical malpractice action must generally be brought within two and a half years from the act or
omission complained of or from the end of a continuous treatment during which the act or omission took place. (N.Y. C.P.
L.R. § 214a). However, in the circumstance of a foreign object, the action may be brought within one year from the date
upon which the foreign object is discovered. A claimant's incompetency (such as infancy or insanity) tolls the limitations
period until the disability ceases, to a maximum period of ten years (N.Y. C.P.L.R. § 208).

New Jersey, a medical malpractice action, must be brought within two years from the date the cause of action
accrued. New Jersey courts have held that a cause of action does not accrue so long as a party reasonably is unaware
either that he has been injured, or that the injury is due to the fault of an identifiable person. If, at the time the cause of
action accrued, the claimant was under the age of 21 or insane, the time does not begin to run until the disability is
removed. Wrongful death actions must be brought within two years from the date of death.

If you or a loved one have been injured, contact Ginsberg & Wolf, medical malpractice lawyers. Our main office is
located in Manhattan, but we successfully advocated for clients throughout the state of New York and New Jersey. You
can contact us online or at
212.608.1660 or 212-227-0640 for an immediate evaluation of your case.
There is no cost for an initial consultation.

Disclaimer Notice: The information contained herein is considered advertising and informational in nature and should not be used in the place of retaining counsel. Read Full Disclaimer Notice. Past results do not guarantee similar outcomes
in future cases.

The New York and New Jersey medical malpractice lawyers of Ginsberg & Wolf, P.C. serve victims of malpractice in Manhattan, the Bronx, Brooklyn, Queens and Staten Island, New York County, Queens County, Kings County, Bronx County,
Richmond County and throughout Long Island (Nassau and Suffolk) and the State of New Jersey.

Copyright © 2011 Ginsberg & Wolf, P.C. All Rights Reserved.
Our attorneys are rated among the most
prestigious in the industry, earning
coveted awards and ratings such as "Best
Lawyers in America", "Million Dollar
Advocate", "Superlawyers" and
"Top 100 Trial Lawyers":
Contact Us for a Case Evaluation

If you are facing a legal problem in one of
our practice areas, please contact us today
online or by telephone at
212-608-1660  or 212-227-0640
to speak with an experienced New York and
New Jersey  personal injury, medical
malpractice and product liability attorney.
Our law office is conveniently located in
downtown Manhattan at 225 Broadway and
also has an office in Brooklyn.
MEDICAL MALPRACTICE NEWS & CASES OF INTEREST. (The following cases are not Ginsberg & Wolf case results).

$4.5 Million Awarded to Child Born with One Limb. Posted Sept. 10, 2011. A couple in Florida are awarded a $4.5 Million verdict against an OB-GYN and a perinatal specialist for their failure to
notice that their baby would be born with no arms and one leg. The couple testified that they would have aborted the baby if an ultrasound had correctly spotted that their child was missing limbs. The
argued  that during the course of the child's life, millions would be needed to be paid for by the parents for operations, prostheses, wheelchairs, and attendants. Ginsberg Wolf currently represents
clients with similar cases including a mother that gave birth to a child with one missing limb (leg). The woman's doctor failed to spot the missing limb in an ultrasound. The cases in currently pending.

$2,433,000 Verdict for Misdiagnoses of "Borderline" Ovarian Tumor Undergoing Unnecessary Chemotherapy. Posted Jan. 3, 2012. A jury in Brooklyn awarded a plaintiff's verdict against her
oncologist for misdiagnosing a borderline ovarian tumor as "adenocarcinoma" -a cancer (carcinoma) arising from cells within glands (adeno). The plaintiff underwent unnecessary chemotherapy and
suffered from severe side effects, including hair loss, vomiting, nausea, night sweats, and hot flashes. She developed "chemobrain" resulting in severe cognitive deficits as a consequence of the
chemotherapy. It was argued that the chemotherapy should not have been given because it does not improve a patient's survival with borderline tumors. She was awarded $1.5M for past pain and
suffering, $183,000 for past lost wages and $750,000 for future pain and suffering.

$950,000 Recovery for Negligent Hysterectomy. Posted Apr. 27, 2011. Robert Ginsberg recovered $950,000 against the New York City Health & Hospitals Corporation in a wrongful death medical
malpractice action for negligent failure to perform a hysterectomy on mother with placenta accreta undergoing C-section. The decedent was giving birth to her third child to be delivered by C-section.  
However she was at high risk for a ruptured placenta because of a condition called placenta accrete. The firm obtained the hospital record which contained certain significant documented time periods,
i.e. the time that C-section began; the time of birth of the baby; the time of the hemorrhaging from the placenta; and most significantly the time of the hysterectomy. An expert’s report was obtained
who explained that because of the decedent’s precarious situation, a hysterectomy tray, blood transfusions, etc. had to be prepared to perform a hysterectomy if necessary  immediately after delivery.   
Furthermore, based on a reading of the record – the expert opined that they did not start the hysterectomy immediately as was indicated and that this was the reason for death.  The challenge in the
case was that the record contained various changes and additions to the key times that were recorded.  Ginsberg & Wolf partner, Robert Ginsberg,  took the deposition of the obstetrician.  Reading from
her own record she indicated a time sequence that evaded any malpractice, i.e. that would have indicated an almost immediate commencement of the hysterectomy.  When Mr. Ginsberg relayed the
substance of the obstetrician’s testimony to our expert – it was confirmed that there was no case!  Robert Ginsberg  then noted that there was no anesthesia chart in the copy of the record which had
been sent to the firm.  He then conducted a deposition of the anesthesiologist.  The defendant produced him and with him, the chart.  Amazingly the chart had none of the key times noted upon it and of
course the anesthesiologist had no independent recollection. Mr. Ginsberg  dug further into the record and discovered the nurse’s note from the time of the procedures, i.e. the note from the nurse who
was physically present in the delivery room.  There was a major change in the note of the time of the conclusion of the hysterectomy. The note had indicated 3:49 – but that time was crossed out and
STRONG CASE, SINCE IT WOULD HAVE BEEN STARTED 30 MINUTES OR SO AFTER THE DELIVERY.  The firm then demanded the deposition of the nurse at which time the Comptroller’s office called the
firm to discuss settlement.
The Case Result  Was Published in the New York Jury Verdict Review & Analysis, Volume 26, Issue 11.

$775,000 Recovery for Plaintiff Prescribed Drug without Warning of Side effects and Against Nursing Service for Delay Sending Patient to Hospital Upon Exhibiting Symptoms. Posted Jan. 3,

$750,000 Recovery During Trial Plus Waiver of $450,00 Medicaid Lien for Unnecessary Use of Heparin. Posted Jan. 3, 2012. The Plaintiff brought an action in New York County against a hospital for
negligently instituting Heparin without ascertaining if the levels of a previously given slow acting drug Coumedan continued to increase. The Heparin was given to the Plaintiff approximately ten hours
after she suffered a minor ischemic stroke that was caused by a clot. As a consequence, the patient was unnecessarily subjected to risks of excessive bleeding associated with Heparin and suffered a
hemorrhagic stroke. The Plaintiff contended that when blood testing was taken after the hemorrhaggic stroke, it was determined that the Coumedan level was then at the high end of the therapeutic
range and that it was clear that Heparin was not necessary. It was also established that at this time, the Heparin level was so high that it could not be measured. It was argued that it was impossible to
predict the level of anti-coagulation based upon the does of Heparin administered and that because of this factor, it should not have been used when the Coumedan was providing protection and
satisfactor anti-coagulative therapy. The case was settled by Ginsberg & Wolf senior partner Robert Ginsberg immediately prior to summations for $750,000 plus a waiver of the $450,000 in past costs
for care.
The Case Result  Was Published in the New York Jury Verdict Review & Analysis, Volume 15, Issue 5. Click Here to Read Article.

$365,000 Verdict for Failure to Use Probe After Excision of Boil Resulting in Development of Fistulas.  Posted Jan. 3, 2012. The Plaintiff went to his doctors office for an excision of boils. His doctor
noted an opening in the cavity following the excision and explored it with a catheter which only went in about one inch. The surgeon did not proceed further with exploration. The Plaintiff remained
home for four months, but the wounds did not heal. He went to another physician who found that he had suffered from a complex series of fistulization in the areas surrounding the wounds. A fistula is
an abnormal connection or passageway between two epithelium-lined organs or vessels that normally do not connect. As a consequence, the Plaintiff required several subsequent surgeries until the
fistulas were closed and healed. Plaintiff brought a medical malpractice action against a surgeon in Kings County for failing to using a probe instead of a catheter when exploring the cavity. It was also
claimed that an anagram should have been performed. After a 11 day trial, the jury awarded a Plaintiff's verdict in the amount of $365,000 for past and future pain and suffering.
The Case Result  Was
Published in the New York Jury Verdict Reporter, Volume XV, Issue 42.
Click Here to Read Article.

Certificate of Merit Requirement:
"You need a doctor to sue a doctor"
In most medical, dental, and podiatric
malpractice claims, an attorney will have
to obtain an expert opinion from an
appropriate doctor prior to filing a lawsuit.
There are very limited exceptions to this
requirement permitting an attorney
representing you to file a certificate that
he consulted with an appropriate doctor
after the filing of an action. This can be a
time consuming process, causing an
attorney to be pressured in trying to
obtain such an opinion prior to the
expiration of your statute of limitations.
This becomes a factor in a law firm
deciding whether or not to take your case
and it thus imperative to consult with an
attorney with regard to your claim as
soon as possible. To learn more about
the "certificate of merit" requirement,
click here.

Related Links:

NY Code - Section 3012-A: Certificate of
merit in medical, dental and podiatric
malpractice actions