Knee replacement surgery is performed to alleviate pain and restore function in a damaged knee. During the procedure, a surgeon removes a damaged or diseased knee joint and puts an artificial implant in its place.
Another name for knee replacement surgery is total knee arthroplasty (TKA). Knee replacement is often an inpatient procedure. (3) (4)
Most people who receive knee replacement surgery have arthritis. But injury, other diseases, or simply years of use can also damage the knee. (5)
More than 98% of patients who undergo total knee replacement surgery are 45 or older. The procedure is most common for people 65 and older. However, younger people make up an increasing percentage of knee replacement patients. (7) (8)
The average age for knee replacement patients dropped significantly from 2000 to 2010. (9) Knee replacement surgeries performed on people aged 45-64 tripled from 1999 to 2008. (10)
Most knee replacements only last a decade or two before wearing out. This means these younger knee replacement patients are likely to “outlive” their devices and will eventually require revision surgery to replace them.
More than 750,000 people had knee replacement surgery in 2014 according to data from the Healthcare Cost and Utilization Project. (11) Researchers project the number of knee replacement procedures will increase to 1.26 million by 2030 as baby boomers continue to age. (12)
Have you experienced severe medical complications with your knee implant? Contact us today for a free case evaluation.
(917) LAWYERSEager to meet the rapidly growing demand for knee replacements, medical device manufacturers have sold knee implants without first adequately testing their safety.
The U.S. Food and Drug Administration (FDA) has a 501(k) Program that allows companies to promote new medical devices if they can prove the device is “substantially equivalent” to a device already on the market. (13) As a result, new devices can gain approval and be sold to the public without first undergoing clinical trials.
Because of this approval process a dangerous flaw may not reveal itself until after a device has been implanted inside the bodies of thousands of consumers.
When a company discovers a problem with a device, it needs to issue a recall. According to the FDA, “recalls occur when a medical device is defective, when it could be a risk to health, or when it is both defective and a risk to health.” (14)
In 2015 and 2016, Arthrex, Inc. instituted recalls of the iBalance tibial tray because of tibial baseplate loosening. The trays were manufactured with a smooth surface that may have resulted in poor bonding between the tray and the knee. (18)
Five years after stopping production, Smith & Nephew issued a recall of its first-generation Journey BCS Knee in 2018. The manufacturer cited “a revision rate over 1.5 times” the average as the reason for the recall. (19) (20)
All of these recalls were categorized as Class 2 by the FDA. Class 2 means a product “may cause a temporary or reversible health problem” or has a slight chance of causing “serious health problems or death” (21)
The FDA medical device recall database contains the most up-to-date information about recalls of knee implants and other devices.
Unfortunately, some people experience severe health problems following knee replacement surgery. ABC News reported on a woman whose knee implant left her in “constant pain, 24/7,” and too disabled to work. (22) She’s not alone: an estimated one-third of patients with knee replacements continue to experience chronic pain following the procedure. (23)
Failed knee implants often require revision surgery. Revision surgeries carry greater risk than primary surgery. They are more likely to have complications. (24)
Revision surgeries are expensive. The average cost of revision surgery is nearly $50,000. (25)
Revisions surgeries are also more likely to result in extended hospitalization. (26) The average hospital stay for a knee revision is slightly more than 5 days. (27) Revisions also require follow-up care and physical therapy.
Many knee implant patients who had to undergo revision surgery because their devices prematurely failed due to loosening or breakage have filed lawsuits against the device manufacturers.
If you have been harmed by a faulty knee implant, you may be able to receive compensation for your medical expenses as well as for your pain and suffering. If the complications required you to miss work for medical treatments or left you unable to work due to a disability, you may also be entitled to compensation for lost wages.
Did you need revision surgery to correct a defective knee implant? You may be eligible for compensation.
Get a Free Case ReviewWeitz & Luxenberg’s Defective Drugs and Medical Devices Litigation Unit has represented thousands of patients harmed by defective orthopedic devices.
Ellen Relkin, co-chair of the team, has served in court-appointed leadership roles in multiple large hip implant litigations:
You may want to consider filing a lawsuit if you had a knee replacement and then:
Some tips if you are considering filing a lawsuit:
Consulting with an attorney experienced in handling lawsuits for defective medical devices can help you understand your options. Weitz & Luxenberg’s Defective Drugs and Medical Devices Litigation Unit has both the experience and the resources to handle complex litigations against powerful corporations.
The general public should not be test subjects for unproven new devices. We believe companies who rush unsafe products to the market should be held accountable.
It would be our privilege to help you obtain justice for the injuries you’ve suffered.
Skin cancer is abnormal growth of your skin cells. Primarily, skin cancer develops on body parts you have exposed to the sun — such as your scalp, ears, face, lips, neck and chest, arms, or hands. Women may also develop skin cancer on their legs.
You can get melanoma anywhere on your body. Melanoma can form in normal-looking skin or develop in an existing mole. In men, melanoma tends to show up on the face or torso. In women, melanoma usually shows up on the lower legs.
Melanoma can also form on areas you rarely expose to the sun, including your palms, beneath your fingernails or toenails, or your genital area. (2)
“Skin cancer is the most common form of cancer in the United States.” (3) There are three major types — basal cell carcinoma, squamous cell carcinoma, and melanoma. (4) “At least one in five Americans will develop skin cancer by the age of 70.” (5)
Millions of adults are treated each year for basal cell and squamous cell carcinomas. In addition, thousands of people a year are diagnosed with melanoma.
Nearly 97,060 new cases of melanomas of the skin were reported in the U.S. in 2022. Of these, 8,350 people died from this cancer. (6)
In New York alone, more than 4,830 cases of melanoma were reported in 2022. (7) And 370 people died of this cancer in 2023. (8)
Over the past decade, the number of new invasive melanoma cases has been rising. According to the Skin Cancer Foundation, the number of new melanoma cases diagnosed in 2021 is expected to increase by 5.8%. Also, the number of deaths from melanoma is expected to increase by 4.8%. (9)
Basal cell carcinoma statistics: This is the most common form of skin cancer. Each year, roughly 3.6 million cases are diagnosed in the U.S. (10)
Squamous cell carcinoma statistics: This is the second most common form of skin cancer. Roughly 1.8 million cases are diagnosed each year across the country and it kills over 15,000 people in the U.S. annually. (11)
If you or a loved one developed malignant melanoma and was misdiagnosed, your 5-year survival rate drops depending on how far your disease has spread.
Many people with melanoma are cured by their initial surgery. (13) A false negative misdiagnosis may “translate to a reduced chance of survival for some patients.” (14)
If you suffered serious injury because of a skin cancer misdiagnosis, you may be able to sue for damages.
Get a Free Case ReviewGetting the correct early diagnosis and treatment of melanoma could have made all the difference for you. A delay in correct diagnosis and treatment can mean the difference between life and death.
Delaying the correct diagnosis and treatment of stage 1 melanoma by just one month increases your risk of dying by 5%. Further delay of a correct diagnosis and treatment increases your risk of dying dramatically — waiting 119 days to begin treatment poses a 41% higher risk. (15)
If melanoma has spread to your lymph nodes when you are diagnosed, your survival rate is only about 66%. If melanoma has metastasized to distant organs by the time you are diagnosed correctly, your chance of surviving falls to just 27%. (16)
In children, treatment of melanoma is frequently “delayed due to misdiagnosis of pigmented lesions, which occurs up to 40 percent of the time.” (17)
Sometimes medical professionals fail to meet their duty of care. If they do and you suffered serious complications because of misdiagnosed, untreated skin cancer, you may have a case of medical malpractice. Speak with an experienced, reputable attorney about your legal options.
A big part of your case involves negligence. Did your health care provider’s conduct fall short of what is considered a reasonable standard of care? (18)
When you hire an attorney to handle your case of medical malpractice, your attorney files an allegation of medical negligence according to your state’s statute of limitations. Your attorney also handles all legal matters on your behalf.
In addition, your attorney explains how the legal process works and what happens as you move forward. You can ask your attorney any questions about your situation and your case. Your attorney does everything allowable to achieve appropriate compensation on your behalf.
Are you or a loved one suffering due to a skin cancer misdiagnosis? You may be eligible for compensation.
(917) LAWYERSThe legal system is complex. Medical malpractice laws vary from state to state. If your injury occurred in New York, hire someone with a high-quality reputation for handling medical malpractice cases in New York.
Weitz & Luxenberg is such a law firm. We have nearly four decades of know-how handling personal injury, wrongful death, and medical malpractice cases in New York. We are based out of Manhattan but handle cases all over the state and around the country.
Nicotine is highly addictive no matter what form it comes in — cigarettes, cigars, pipes, and smokeless tobacco. When you smoke, you may absorb only one to two milligrams of nicotine from each cigarette, but that is enough to be hooked. (1)
Most people who smoke really do want to quit. In fact, every year “nearly 35 million people make a serious attempt to quit.” However, most relapse, often within just one week. (2)
“Nicotine is a naturally occurring toxic chemical found in tobacco plants.” (3) With each puff of a cigarette, a smoker inhales nicotine as well as other dangerous substances. The nicotine is then absorbed into the blood. “It takes just 8 seconds for nicotine to hit the brain.” (4)
Nicotine in the e-liquids of an e-cigarette is also easily absorbed from the lungs into the bloodstream. “Upon entering the blood, nicotine stimulates the adrenal glands to release the hormone epinephrine (adrenaline). Epinephrine stimulates the central nervous system and increases blood pressure, breathing, and heart rate.” (5)
“Nicotine is as addictive as heroin and causes release of the pleasure chemical dopamine and other neurotransmitters in the brain within minutes of the first puff.” (6) You can get hooked because of the incredible “rush” you experience. (7)
Multiple sources agree that nicotine is as hard or harder to give up than heroin. (8) (9)
Regular smoking causes your body to adapt to a certain amount of nicotine. Without giving it much thought, you choose how much you wants to smoke based on how your body has adjusted to a certain level of nicotine. Your body’s tolerance to nicotine’s unpleasant effects actually allow you to remain focused on the pleasurable effects. (11)
If you try to go without vaping, the nicotine level in your bloodstream drops. You may experience unpleasant feelings and physical symptoms, along with an irresistible urge to vape again. (12)
Trying to quit smoking cold turkey does not work for most people because of the “nature of addiction. Addiction undermines willpower, or the ability to control impulses through decision-making.” (14)
Nicotine is a highly addictive substance, whether found in cigarettes or e-cigarettes. E-cigarettes employ a battery-powered device that heats up a specialized liquid to form vapors, or aerosol, that the user inhales. Flavorings, nicotine, and other potentially dangerous substances may also be inhaled. (15)
Weitz & Luxenberg is continuing to take legal action on behalf of clients who used the e-cigarette, have a nicotine addiction, and were harmed by the toxic substances that are absorbed when you vape.
People know smoking is addictive because of the nicotine. The same is true for vaping. Vaping is “when you use a handheld tube, or tank, attached to a mouthpiece that makes a vapor you inhale.” (30)
There are different ways to vape, including vape pens, e-cigarettes, e-hookahs, and mods. No matter which one you use, “they all heat liquid chemicals (‘e-juice’) into a mist” that a person breathes, just the way you would “breathe in like a cigarette or pipe.” Nicotine is the most common ingredient in all of these. (31)
Of the different ways to vape, JUUL and similar pod-based e-cigarettes deliver nicotine efficiently. In fact, this delivery system “may foster greater dependence than other types of e-cigarettes.” (32)
Worse yet, the replaceable nicotine cartridges come in tempting flavors like mango and mint, increasing their appeal. In fact, “recent data have shown that e-cigarette use in adolescents has increased substantially since the introduction of pod-based e-cigarettes,” so much so that the U.S. Surgeon General has declared youth vaping an epidemic. (33)
JUUL is being accused of aggressively marketing e-cigarettes to teenagers and causing them to suffer from nicotine addiction.
As far as providing a nicotine rush, “JUUL packs a potent dose of the addictive chemical nicotine. In fact, its nicotine content is one of the highest among e-cigarettes on the market.” (34)
One JUUL pod contains the equivalent of 20 cigarettes worth of nicotine. “The amount of nicotine in one standard JUUL cartridge is roughly equal to the amount of nicotine in a pack of cigarettes, or about 200 puffs.” (35)
If you or a loved one developed a nicotine addiction and suffered from severe side effects due to vaping with JUUL e-cigarettes, you may be entitled to financial compensation.
We recommend you contact a national, reputable law firm experienced in handling large-scale consumer protection litigation. We are one such law firm. Weitz & Luxenberg is a national firm that has been handling complex consumer protection lawsuits for more than 30 years.
Our Weitz & Luxenberg attorneys have secured billions of dollars in settlements and verdicts on behalf of thousands of people harmed by defective, sometimes dangerous consumer products. We can help you consider possible legal action.
Please contact us for a free consultation now. You can use the form or call us at (917) LAWYERS. One of our representatives will be in touch with you shortly.
“A postoperative infection is any kind of infection that occurs following a surgical procedure.” This type of infection can develop at the surgical incision itself or it can be more systemic, affecting the whole body. (1)
If you have surgery, you might end up with an infection. Your doctors should be able to adequately diagnose and treat a postoperative infection. But sometimes they don’t.
Your unbroken, undamaged skin is a natural barrier to bacteria, dirt, and other contaminants. Healthy skin protects you against infection.
Surgery breaks that barrier. Bacteria can infect you at your surgical site.
If you develop an infection after surgery, it is called a surgical site infection, or SSI. Following surgery, your chances of developing a surgical site infection are about 1% to 3%. (9) Any SSI, “may cause redness, delayed healing, fever, pain, tenderness, warmth, or swelling.” (10)
If you or a loved one suffered due to the misdiagnosis of an infection after surgery, contact us for a free case evaluation.
Get a Free Case ReviewIf you develop a postoperative infection, it is important for your doctor to diagnose the infection as soon as possible. “Some postoperative infections can be very serious, resulting in organ failure or even death.” (11)
If you have an infection, you end up getting sicker and needing to stay longer in the hospital. “Patients who develop an SSI require significantly more medical care. If an SSI occurs, a patient is 60 percent more likely to spend time in the ICU after surgery than is an uninfected surgical patient, and the development of an SSI increases the hospital length of stay by a median of two weeks.” (12)
Postoperative infections “also contribute significantly to mortality.” Many thousands of patients die each year due to SSIs. And if you develop a surgical site infection, the chance of your dying after surgery is doubled. (13)
“Diagnosing a surgical site infection can be challenging, as the signs and symptoms are frequently nonspecific and may lack sensitivity depending on the clinical scenario.” (14)
Just as there are many types of surgeries, “the diagnostic criteria and tests used to confirm the diagnosis of the surgical site infection differ based on its location, depth and severity.” (15)
Knowledgeable, skilled doctors check on their patients regularly. They keep an eye out for specific signs and symptoms of possible infection associated with the type of surgery you have had. If they don’t, you could suffer more illness and injury.
Did you develop a postoperative infection and suffer injuries because your doctor did not diagnose and treat your infection properly? If so, talk to a reputable, qualified attorney about filing a medical malpractice lawsuit.
Your attorney knows how to guide you through the entire legal process. This includes determining how to proceed with your lawsuit.
Your doctors, and potentially the hospitals they work in, are liable for medical malpractice if they are guilty of negligence.
As an injured patient, you must show your “physician acted negligently in rendering care, and that such negligence resulted in injury.” The attorney you hire must prove four legal elements are true: (16)
“Duty comes into play whenever a professional relationship is established between the patient and health care provider.” In civilized society, every “person owes a duty of reasonable care” to other people. In terms of a professional setting, a doctor providing service to a patient owes “a duty of reasonable professional care to the patient.” (17)
If you were harmed due to the misdiagnosis of an infection after surgery, you may be eligible for compensation.
(917) LAWYERSGeneral medical malpractice laws exist across all 50 states. However, each state has its own specific laws. For example, if you were injured in New York, hire a New York attorney with a solid history of handling and winning medical malpractice cases there. The same goes for any other state, such as California.
Weitz & Luxenberg is based in New York City, with offices around the country, including California. We have been handling wrongful death, medical malpractice, and personal injury cases for nearly 40 years.
Even more importantly, we have a proven track record of winning. Here are some examples of Weitz & Luxenberg’s success with medical malpractice cases for our clients.
“Medical errors are estimated to cause 250,000 deaths per year in the US.” (2) Possible causes include poorly coordinated care, fragmented insurance networks, the absence or underuse of safety nets, and differences in physician practice patterns lacking accountability. (3)
“Diagnostic error increases mortality and length of hospital stay in patients presenting through the emergency room,” according to a research study conducted. The study concluded, “Diagnostic discrepancies are a relevant healthcare problem in patients admitted through the emergency room… and are associated with increased in-hospital mortality.” (4)
In an ER, the environment causes medical professionals to face regular interruptions. They often receive incomplete information. “Almost half of medical errors in the emergency room are due to problems with information processing.” (5)
A medical error is what is called a “preventable adverse effect of medical care.” A medical error may harm a patient. Sometimes, the harm might not be evident. Besides misdiagnosis, possible problems frequently occur when medical professionals are treating patients.
High error rates resulting in serious consequences are most likely to occur in emergency departments, operating rooms, and intensive care units. Very young patients and elderly patients also face a greater risk of experiencing a medical error. In addition, medical errors are more likely to occur when medical professionals are using new procedures and treating more serious and severe medical conditions. (7)
If you or a loved one suffered due to mistakes made in an ER, you may be able to sue for medical malpractice.
Get a Free Case ReviewAlso, five conditions are more frequently misdiagnosed than any other.
With the ER specifically, medical errors can occur in many ways. Common errors include:
Failure to diagnose, misdiagnosis. These types of errors can lead to severe harm. One example is with stroke. In fact, “The early signs of a potentially debilitating stroke — specifically dizziness and headache — are often overlooked in female, minority, and young patients.” As many as 165,000 patients could be harmed each year from this misdiagnosis alone. (10)
Improper monitoring of a patient during or after treatment. Doctors may miss something when examining a patient. Some doctors forget to examine patients altogether. (11)
Incorrect medication or dosage of medication. “Prescribing and drug administration appear to be associated with the greatest number of medication errors.” (12) These mistakes are common. They can lead to serious medical complications and longer stays in the hospital.
Surgery performed on wrong patient or wrong body part. Other common mistakes include retained foreign bodies, surgery at the wrong site, and performing the wrong procedure altogether. (13)
Nursing and physician negligence. The ER culture and pace can increase the likelihood of human error. Doctors, nurses, and other medical personnel can make mistakes. (14)
Early discharge of a patient. Being discharged from the hospital early can sometimes result in serious complications or death. In fact, one study found 30 people out of 100,000 patients discharged from the ER died within seven days. Half of these were unexpected but somehow related to their ER visit. Roughly 60% involved a possible error. (15) (16)
Emergency room malpractice cases can fall under negligence. Mistakes made due to incompetence, understaffing, and unsanitary conditions also may be medical malpractice.
In legal terms, medical malpractice occurs when your healthcare provider has violated the accepted standard of care. You must have been injured due to the violation and your injuries resulted in recognized damage. (17)
“Liability for medical malpractice is based in tort law, specifically related to negligence.” (18) Basically, medical malpractice is when your healthcare provider was negligent in caring for or treating you.
Generally, you can hold any licensed medical professional liable for medical malpractice. Medical professionals include physicians, nurses, and chiropractors. Sometimes, you can even hold hospitals liable for the medical malpractice committed by the medical professionals they have hired. (19)
In a lawsuit, you must prove the medical professionals breached their duty of care. You may be able to sue multiple individuals, hospitals, and health care facilities depending on your specific circumstances.
Medical malpractice is complex. The attorney you hire can help you navigate the legal system.
Were you injured by a mistake made in an ER? You may be eligible for compensation.
(917) LAWYERSYou may need to sue for your injuries if you were seriously hurt, or a loved one died, because a medical professional made mistakes during your visit to the Emergency Room. If your illness was misdiagnosed, not diagnosed, or mishandled you may have grounds for medical malpractice.
If your treatment was delayed — or you were sent home and you should not have been — you could also have suffered from medical malpractice.
If so, contact a trustworthy law firm in your state, one with significant understanding when handling medical malpractice cases. An experienced attorney can help you explore your legal options.
Weitz & Luxenberg is based in Manhattan and has been successfully handling wrongful death, medical malpractice, and personal injury cases across New York State for nearly 40 years. Plus, we have a solid history of winning our cases.
“Paraquat is a toxic chemical that is widely used as an herbicide (plant killer), primarily for weed and grass control,” according to the Centers for Disease Control and Prevention (CDC). This chemical is highly poisonous. (1)
Paraquat dichloride is “registered in the United States since 1964 to control weeds in many agricultural and non-agricultural use sites. It is also applied as a pre-harvest desiccant on some crops including cotton,” states the U.S. Environmental Protection Agency (EPA). (2)
Syngenta, an agricultural company, is the manufacturer of Gramoxone, the most commonly used brand of paraquat.
According the EPA, “All paraquat products registered for use in the United States are Restricted Use Pesticides (RUPs), which can only be sold to and used by certified applicators (and applicators under their direct supervision). There are no homeowner uses and no products registered for application in residential areas.” (3)
To load, mix, or apply paraquat, U.S. residents must be specially trained, beyond just receiving their Restricted Use Pesticide applicator license.
“Many countries have already banned paraquat due to its acute pulmonary and cutaneous toxicity.” Other countries have instituted highly restrictive measures because paraquat is so dangerous. (4)
In the U.S., paraquat is classified as “restricted commercial use.” People must obtain a license to use the product. (5)
Paraquat exposure is hazardous. In particular, exposure to the pesticide puts people at risk of developing Parkinson’s disease.
Parkinson’s disease “is a progressive neurodegenerative condition.” One key risk factor is exposure to toxic chemicals. (6)
Paraquat can damage your body when it touches the lining of your mouth, your stomach, or your intestines. (7)
“Breathing in paraquat may cause lung damage and can lead to a disease called paraquat lung.” Long-term exposure can lead to scarring of your lungs, called pulmonary fibrosis. This medical condition makes it hard for you to breathe. (8)
You can become ill if paraquat comes into contact with a cut on your skin. Paraquat may also damage your kidneys, your liver, and your esophagus (the tube that food moves through from your mouth to your stomach). (9)
You may die if paraquat makes a hole in your esophagus. You may also die if you develop severe inflammation of the area surrounding the major blood vessels and airways in the middle of your chest. (10)
“Paraquat is highly toxic. One small sip can be fatal and there is no antidote.” (11) So, if you swallow paraquat, you can die.
Generally speaking, “Licensed applicators of paraquat are the people most at risk for exposure.” (12)
You can be poisoned by paraquat by ingesting or inhaling it. (13)
You also may be poisoned if you absorb paraquat through your skin. Usually, poisoning occurs when your skin has been exposed for a long time, if the paraquat mixture is highly concentrated, or if paraquat comes into contact with an area of your skin that is not intact. Paraquat can get into your body more easily through sores, cuts, or severe rashes. (14)
“Parkinson’s disease is a brain disorder.” Symptoms of Parkinson’s disease vary from person to person. The symptoms typically come on gradually and worsen over time. The rate the symptoms worsen also varies. (15)
As the disease progresses, you may find it harder to walk and talk. You may also experience mental and behavioral changes, sleep problems, fatigue, memory difficulties, and depression. (17)
If you have been diagnosed with Parkinson’s disease and were exposed to the harmful weed killer paraquat, consult with an experienced attorney specializing in complex, national consumer protection law.
“Paraquat is so dangerous that it is banned in 32 countries. This weed killer is not banned in the United States, but its use is heavily restricted. Corporations creating products containing toxic chemicals that put people at risk of illness or make people seriously sick should be held accountable,” insists Robin L. Greenwald, head of Weitz & Luxenberg’s Environmental, Toxic Tort & Consumer Protection Unit.
If you have Parkinson’s disease and were exposed to paraquat, seek guidance from a recognized law firm. The firm you choose should have experience going up against the corporations that market and distribute dangerous products.
Weitz & Luxenberg is one such firm. We go after large national companies for exposing our clients to toxic chemicals, and we get them the compensation they deserve.
According to Ms. Greenwald, “My team has gone up against companies like the makers of paraquat before. These corporations need to be brought to justice when they show callous disregard for human health, and cause pain and suffering of their employees. These companies should compensate you for causing you to be diagnosed with Parkinson’s disease. Filing a lawsuit is the way to force them to do so.”
Our attorneys are prepared to evaluate your case and take appropriate legal action based on your specific circumstances. Plus, we have a solid history of winning cases involving exposure to toxic substances.
Every 40 seconds, someone in the United States has a heart attack. Each year, roughly 805,000 Americans suffer a heart attack. (1)
Every 40 seconds, someone in the United States has a stroke. Each year, more than 795,000 Americans have a stroke. Death due to stroke happens every 4 minutes. (2)
“Heart disease is the leading cause of death for both men and women in the United States and in New York State.” (3)
The 182 acute care hospitals in New York discharged 27,552 heart attack patients. The overall mortality rate after 30 days was 8.31%. (4)
Across New York state, stroke was the sixth leading cause of death. Roughly 6,400 people die from stroke annually in New York state. (5) (6)
A heart attack is a specific event. You can suffer a heart attack if you have coronary heart disease, the most common form of heart disease. You develop it when plaque — fat, cholesterol, and other substances — builds up and narrows the arteries in your heart. (7) (8)
You can have a heart attack when one of your arteries becomes completely or nearly blocked. If this happens, blood can’t reach your heart effectively. Damage or death to part of your heart muscle can occur. (9)
Acute coronary syndrome is an umbrella term for when the blood supply to your heart is blocked suddenly for some reason.
The longer it takes to receive the right treatment for a heart attack, the greater the possible damage you experience.
If you’re at an emergency room (ER), your doctor should ask about your symptoms. Your doctor should also check your blood pressure, pulse, and temperature. Then the doctor should connect you to a heart monitor and perform tests to see whether or not you’re having a heart attack. (12)
Was your heart attack or stroke not treated properly due to medical malpractice? Speak to an experienced attorney today for a free consultation.
Get a Free Case ReviewIf blood can’t reach your brain, your brain cells can’t get the oxygen and nutrients they need. Your brain cells can start to die within just a few minutes. You can die. Or you could suffer long-term disability from brain damage. (15)
Anyone having a stroke needs immediate and appropriate treatment. Not only can it save your life, the right diagnosis and treatment can increase your chances for successful rehabilitation and recovery. (16)
Symptoms of stroke may come on suddenly.
Once you arrive at the hospital, emergency personnel should move quickly to help you.
Heart attacks and strokes are medical emergencies. If you experienced a heart attack and survived, damage still may have been done. This damage could affect your heart long-term. You could be at risk for having another heart attack or serious medical problems — including stroke, kidney disorders, and peripheral arterial disease. (19)
If you think your doctor was responsible for your heart attack misdiagnosis or lack of treatment, you could have a case for medical malpractice.
You may also be able to file a misdiagnosed stroke lawsuit if you think your doctor committed a misdiagnosis of stroke after surgery malpractice.
Are you suffering because your doctor misdiagnosed a heart attack or stroke? You may be eligible for compensation.
(917) LAWYERSIn order to have a stroke or heart attack misdiagnosis lawsuit be successful, your attorney must prove medical malpractice occurred.
“To prove medical malpractice occurred, a plaintiff must show that during the course of treatment, the physician deviated from the standard of care as defined by the medical community, and that substandard treatment caused injury to the patient.” (20)
Proving this takes a lot of time, effort, and experience. You need an attorney who has done it all before and can do it all again — for you.
If you believe your doctor misdiagnosed your heart attack or stroke, consult with a heart attack or stroke lawyer. If you suffered physical harm, or a loved one died, you should file a misdiagnosed stroke lawsuit or a misdiagnosed heart attack lawsuit.
Medical malpractice lawsuits are highly complex. Be sure to hire an experienced, reputable attorney licensed to practice law in the state your injury occurred in.
One study found, “The average payout in settlements was $1,802,693, and the average payout in plaintiff verdicts was $9,705,099” for strokes. (21)
Out of “246 medical malpractice cases related to the acute management of ischemic stroke and 26 related to intracranial hemorrhage,” more than 70 “cases specifically alleged a failure to treat with tPA (tissue-type plasminogen activator).” A total of 121 resulted in successful stroke malpractice settlements. (22)
If you were seriously hurt, or a loved one died, because your heart attack or stroke was misdiagnosed or not diagnosed, you may choose to sue for damages. You may also want to sue if your heart attack or stroke was mishandled, or if your medical treatment was delayed.
Any injuries you suffered may have life-altering consequences. Hiring the right attorney can make all the difference in achieving the best possible outcome for your medical malpractice lawsuit.
Weitz & Luxenberg has nearly 40 years of handling personal injury, medical malpractice, and wrongful death lawsuits in the state of New York. Plus, our attorneys have a solid history of winning cases.
Hundreds of people in the U.S. were injured or killed by forklift accidents. “From 2011 to 2017, 614 workers lost their lives in forklift related incidents and more than 7,000 nonfatal injuries with days away from work occurred every year,” says the U.S. Bureau of Labor Statistics (BLS). (1)
“Forklifts were the source of 79 work-related deaths and 8,140 nonfatal injuries involving days away from work in 2019,” adds the National Safety Council. (2)
“More than one-third of the deaths each year attributed to forklifts are pedestrians,” says EHSToday, a safety and health news provider. (3)
These numbers are jarring since forklifts are frequently employed at work sites throughout densely populated areas with high traffic volumes, like New York City (NYC).
Forklifts are frequently used in stores, lumber yards, garden centers, and at construction sites. BLS data indicate NYC’s construction industry accounted for 26% of the City’s total fatal occupational injuries. (4)
Here are a few examples of dangerous forklift incidents in NYC:
A NYC forklift operator was killed while “lowering a pallet of building materials on 211th St. near Jamaica Ave. when the forklift lurched to one side, throwing him from the cabin. The forklift then fell over, crushing him underneath it,” according to a news report. (5)
Another worker was injured when “during a delivery operation, a forklift pushed approximately three to four pieces of sheetrock that fell and struck a worker on his waist,” according to a NYC Buildings Monthly Accident Details report. (6)
A truck driver was killed when struck by beams falling from a forklift. An investigation by the State of New York Department of Health noted four laminated veneer beams were tied together by metal bands into a 750-pound unit. “The unit then slid off the forks and struck the victim. The victim fell off the trailer, and his head was crushed by the load.” (7)
These incidents demonstrate a variety of types of forklift hazards and some of the traumatic injuries resulting from them.
If you or a loved one was injured in a forklift accident, contact us for a free case evaluation.
Get a Free Case Review“In the United States, 1,021 workers died from traumatic injuries suffered in forklift-related incidents from 1980 to 1994,” found the National Traumatic Occupational Fatalities Surveillance System (NTOF).
As these NYC incidents show, victims may be struck by falling objects from forklifts. They may also be crushed, pinned, or compressed by forklifts. This often happens when there are forklift tipovers or rollovers.
These types of accidents can have many causes.
“Of the 74 fatal work injuries involving forklifts in 2017, the events that led to the most workplace deaths,” according to BLS data, were: (9)
If you have been involved in a serious forklift accident you should consider your legal options.
Forklift accidents typically fall under negligence. Negligence is a “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” (11)
To prove negligence you must demonstrate to the court the other party owed you a “duty of care” and the party breached their duty — this caused the accident and your injuries, and you suffered losses as a result. (12)
An attorney can help you examine your legal options, guide you through the legal process, negotiate a settlement, or present your case in court.
Since these types of cases can be complicated, you should seek legal advice from an experienced and reputable attorney as soon as possible.
Were you injured in a forklift accident? You may be entitled to compensation.
(917) LAWYERSWeitz & Luxenberg is a law firm with a dedicated personal injury team. For nearly 40 years now we have successfully represented thousands of clients in negligence cases.
According to the American Society of Plastic Surgeons, surgeons performed roughly 18.1 million cosmetic procedures and 5.9 million reconstructive procedures across the United States in 2019. Out of these millions of procedures, 92% were for women. (1)
Some of the most common plastic surgery injuries are: hematoma, blood loss, nerve damage, organ damage, seroma, scarring, and complications due to anesthesia. (4)
Hematoma is a collection of blood below the skin. Hematomas look like large, painful bruises. They occur in roughly 1% of breast enlargement procedures. Hematomas are also the most frequent complication after a facelift, affecting roughly 1% of patients. Treatment may require additional surgery.
Some blood loss is usual. However, uncontrolled blood loss can be life-threatening. Your blood pressure can drop, potentially leading to death. Excessive bleeding can occur during surgery or afterwards, internally.
Numbness and tingling are typical of surgery, but they can also be signs of nerve damage. Sometimes it is permanent. Women who have undergone breast enlargement surgery may notice a change in sensitivity. Roughly 15% of women may suffer permanent changes in nipple sensation.
Liposuction may sound like a minimally invasive type of surgery, but it can put a lot of stress on your internal organs. Surgeons can puncture or perforate your organs with instruments called surgical probes. This damage must be repaired because perforations can lead to death.
Seromas occur when sterile body fluid (serum) collects beneath your skin’s surface. You may experience swelling and pain. Seromas are the most common problem following a tummy tuck, affecting roughly 15% to 30% of patients. Seromas can become infected. Treatment may involve draining the fluid with a needle. However, seromas may reoccur.
Some scarring initially after cosmetic surgery is typical. Experienced surgeons know how to minimize scar appearance. However, a type of scarring you don’t want to see is called hypertrophic scarring. This type of scarring is abnormally red, thick, and raised. Roughly 1.0% to 3.7% of people undergoing a tummy tuck may notice this type of scarring.
Doctors use a type of medication called anesthesia to dull the pain or make you unconscious. The hope is you won’t feel the medical procedure. However, you can develop serious complications due to the anesthesia you receive. Severe, life-threatening complications include lung infection, stroke, heart attack, or even death.
Were you injured during a plastic surgery procedure? Speak to an experienced attorney today for a free consultation.
Get a Free Case ReviewOther possible complications include infection, deep vein thrombosis, and pulmonary embolism. (5)
Infection is a potentially common complication of plastic surgery. For example, 1.1% to 2.5% percent of people who undergo breast enhancement surgery get an infection. A skin infection called cellulitis may also develop. Sometimes infections develop inside the body. These can be severe. Treatment may involve intravenous antibiotics.
Deep vein thrombosis is also called DVT. This condition occurs when a blood clot occurs in a deep vein. These types of clots usually develop in your leg. If a clot breaks free and travels to your lungs, it is called a pulmonary embolism, or PE. Although rare, these clots can lead to death. Patients who have undergone an abdominoplasty procedure are slightly more at risk for developing a DVT or PE, around 1%.
Doctors and other health care providers are expected to provide a reasonable standard of care. Meaning, they are supposed to provide you with the kind of care other qualified, experienced, health care providers would do in similar circumstances.
A doctor’s negligence can lead to injuries. Others who assist in surgery can also be negligent, for example, nurses and anesthesiologists.
Doctors are considered negligent if they pass themselves off as plastic surgeons when they have little or no training in the specialty of plastic surgery. For example, just because doctors are good at triple-bypass heart surgery doesn’t mean they are qualified to perform breast augmentation. Or, just because doctors are excellent OB/GYNs doesn’t mean they are qualified to perform a tummy tuck.
Another example of negligence is if an untrained, unqualified person handles your anesthesia. People who aren’t trained to be anesthesiologists should not be handling your anesthesia. Negligence is also when an anesthesiologist administers anesthesia incorrectly or carelessly.
If a surgeon operates on the wrong part or side of your body, that is negligence. It is also negligence if your surgeon decides to do a face lift when all you wanted was a nose job. Surgeons should do the surgery as you discussed and not go further.
Medical malpractice suits are on the rise, increasing each year. Plastic surgeons are at particularly high risk of being sued. Recent studies show roughly 13% of plastic surgeons face malpractice claims annually. (6)
Your doctor has a duty to you. Your doctor can be held responsible for breaching that duty, if it causes you an injury. Legally, you need to prove your injury was a result of the breach.
If your doctor or other health care provider was negligent, you should consider suing them. It does not matter if they harmed you accidentally or because of recklessness.
If you were injured as a result of a plastic surgeon’s malpractice, you may be eligible for compensation.
(917) LAWYERSIf you were injured during a cosmetic surgery procedure because of your surgeon’s negligence, you may be entitled to compensation for your medical bills. Or if a loved one died, you can file a wrongful death suit.
Contact a reputable law firm with lots of experience in medical malpractice cases. Because laws vary from state to state, seek a firm based in New York if that is where your injury occurred.
Your attorney listens to your specific circumstances and handles all of the legal proceedings on your behalf. You need to hire someone you trust and believe can do everything legally possible to get you a successful overall outcome.
Weitz & Luxenberg is located in Manhattan and has been handling personal injury, wrongful death, and medical malpractice cases for nearly 40 years. Plus, we have a solid history of winning.
