According to safety researchers at Johns Hopkins Medical School, even the most preventable surgical errors are still happening at alarming levels. These “never events” like operating on the wrong body part or leaving medical instruments inside a patient’s body are happening dozens of times every week across the country. And, according to the researchers, these types of medical mistakes are totally preventable.
Medical malpractice can happen even at the best hospitals. The New York Times reports that 12 year old Rory Staunton’s death at NYU Medical Center was caused by the failure to timely diagnose an infection. The article suggests that despite obvious signs of infection the medical doctors completely failed to make the diagnosis and discharged Rory home. Unfortunately, by the time the infection was finally diagnosed it was too late for Rory and his family. What is particularly troubling is that abnormal results from a routine blood test, suggesting an infection, were not properly communicated to Rory’s doctors or his family. NYU is considered by many to be a world class medical institution and this story illustrates how even the best hospitals and the doctors who work there can make mistakes, as is alleged.
Abend & Silber was recently featured in the New York Law Journal’s Top Verdicts and Settlements for 2011. This is the second year in a row that an Abend & Silber case has been recognized in the New York Law Journal’s Top Verdicts and Settlements issue.
Trial attorney Richard H. Abend represented the family of a 59 year old man that passed away due to a sudden heart attack. It was alleged that the decedent’s family physician failed to diagnose and treat hypertension which resulted in his untimely death. The decedent presented to his doctor’s office on multiple occasions with elevated blood pressure. Additionally, he had multiple risk factors including a significant family history as well as a history of smoking. Despite these significant risk factors he was never given an EKG or referred to a cardiologist. The decedent left behind his wife and his adult daughter. This matter was settled in the amount of $1,150,000.00 immediately prior to jury selection.
Abend & Silber is proud to continue our tradition of seeking justice for families that have been victims of medical malpractice. While the loss of a loved one is always sad it is particularly tragic when it is preventable.
Abend & Silber was proud to join with the New York State Trial Lawyers Association as we honored Morris Dees, founder of the Southern Poverty Law Center, one of the nation’s leading defenders of civil rights. We thank New York’s US Senator, Kirsten Gillibrand for delivering an inspiring key note address.
RICHARD ABEND has been named to the New York Super Lawyers Rising Star list as one of the top attorneys in New York State for 2011.
No more than 2.5 percent of the lawyers in the state are selected to the list.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
A life insurer failed to pay a death benefit to our client, the beneficiary of the life insurance policy. The insurance company claimed that the policy wouldn’t have been issued if they had known about what they claimed were “pre-existing” medical conditions. The life insurance company sought to have the case dismissed. The evidence we produced convinced the Court that the case should proceed to trial. The insurance carrier settled before the case proceeded to trial.
After many years of litigation, trial attorney Richard Abend obtained a 1.5 million dollar jury verdict for our client who sustained serious personal injuries in a bus accident. The defendant, New York City Transit Authority (NYCTA) had not offered any settlement prior to trial. The jury determined that the NYCTA was one hundred percent at fault. This trial took place in Supreme Court New York County before Hon. Peter Moulton.
Richard Abend and Josh Silber are scheduled to speak on a panel discussing jury selection techniques in personal injury and medical malpractice cases. Joining them on the panel will be defense attorneys Andrew Kaplan and Larry Bloomstein, both partners at Aaronson Rappaport Feinstein & Deutsch as well as jury consultant Melissa Gomez.
In connection with Hudson Valley Bank’s Continuing Legal Education Program, Richard Abend and Josh Silber will be lecturing on the recent updates to the Rules of Professional Conduct as they apply to referral fees and fee sharing arrangements. The program is entitled “Ethics of Referral Fees: Money for Nothing or A Trap for The Unwary” and is accredited by the CUNY Law School. The program will be held at 8:00 a.m. on December 10, 2009 at the Scandinavia House, 58 Park Avenue, New York City.
Josh Silber has been appointed to the Board of Directors of the New York State Trial Lawyers Association (NYSTLA). A member since 1997, he begins a three year term on the Board of Directors.
For over 55 years, the New York State Trial Lawyers Association has worked to protect New York’s civil justice system, fighting against legislative initiatives that threaten to limit the rights of injured consumers. These threats now exist at the federal, state, and city levels, making NYSTLA a crucially important voice for the voiceless. Our mission: “To promote a safer and healthier society, to assure access to the civil justice system by those who are wrongfully injured and to advance representation of the public by ethical, well-trained lawyers.”