Medical Malpractice

Failure To Check Patient’s Name And Date Of Birth Results In Death And A $550,000.00 Settlement

Medical Malpractice attorney, Elizabeth Montesano, Esq., represented the four adult children of a 54-year-old man who died because of an egregious medical error when two different medical facilities failed to confirm his identity before administering an unnecessary dialysis treatment. Despite a number of medical conditions, the decedent maintained an independent and active lifestyle and was a...Read More

SPBMC Obtains $3,650,000 Settlement For Malpractice During Spinal Surgery

This office represented a 53-year-old man who was involved in a hit and run motor vehicle accident that resulting in cervical spine disc injuries and neck pain.  While he had pain in the neck area, he was able to walk into the hospital to undergo back surgery.  Unfortunately, our client woke up from surgery with quadriplegia that despite intense physical therapy continues to cause severe...Read More

6 Month delay in diagnosis of breast cancer – $1.2 Million Settlement

Our client felt a lump in her breast and reported it to her Doctor, She was referred for a mammogram and sonogram which were (correctly) interpreted as negative. The doctor did not follow up with plaintiff to investigate the lump.  When it began to grow, plaintiff returned (6 months later) for a mammogram which was suspicious and cancer was diagnosed soon thereafter.  Plaintiff underwent a...Read More

Failure to Diagnose Dengue Fever Proves Fatal: Family of Deceased Patient Wins $4.5 Million Settlement

Our client had a 7-month-old baby and was three months pregnant with her second child when her husband died from complications of an undiagnosed Dengue fever. The fever was the result of a mosquito bite in the Dominican Republic. Two days after returning from that country, our client’s husband, a 31-year-old diabetic, went to the emergency room of a hospital complaining of fever, vomiting,...Read More

$4.55 Million Settlement for a Delay in Delivering an Infant and Inadequate Fetal Monitoring Strips

Sullivan Papain Block Mcgrath and Cannavo P.C has recently obtained a  $4.55 million settlement for a delay in delivering infant plaintiff and inadequate monitoring of fetal monitoring strips.  The mother of the plaintiff presented to the hospital with decreased fetal movement. She was observed and allowed to be removed from the monitor to walk around for about an hour or so, there was no...Read More

YOUR CLAIM FOR A MISDIAGNOSIS OF CANCER MAY NOT BE EXPIRED

On January 31, 2018, Governor Cuomo signed Lavern’s Law.  This law changes the time when the statute of limitations begins to run for medical malpractice cases involving failure to diagnose cancer. Before this law, plaintiffs had a 2 ½-year window to start a lawsuit that began to run on the date the misdiagnosis occurred.  For some patients who found out about the misdiagnosis AFTER the 2 ½...Read More

$1 Million Settlement For An Infant Injured During Delivery

A forceful delivery caused severe and permanent injuries in our 5-year-old client.  The mother of this young girl retained our law firm to represent her daughter for personal injuries she suffered at birth because the delivering doctor did not use the appropriate techniques and accepted birthing maneuvers when this baby’s arm became stuck behind the pubic bone.  This impaction prevented the...Read More

$1.2 Million Settlement For A Delay In Diagnosis Of Eye Cancer

A settlement in the sum of $1,200,000.00 was achieved for our client, who needlessly suffered a delay in diagnosis of eye cancer because of a medical office error.  Our client, a 50-year-old woman came under the care of an ophthalmologist when she discovered a growth on her eye.   The ophthalmologist recommended that she undergo surgery to remove the growth and to have it pathologically...Read More

$1.25 Million Recovery for Urologist’s Dismissal of Symptoms That Indicated Cancer

Our attorney Elizabeth Montesano, negotiated a $1.25 Million recovery for a Urologist’s dismissal of symptoms that indicated cancer. Our Client’s cancer had been diagnosed in October 2011, but it was believed to have been eradicated in November 2011, when the cancerous tumor was surgically removed from his bladder. During the four months that followed the surgery, our client was repeatedly...Read More