On March 13, 2018, Frank Dispensa was examined by an ophthalmologist who found that his left optic nerve was swollen and an MRI was therefore needed to rule out a mass lesion. Mr. Dispensa, then 78 years old, had the MRI done that day. It was read by a Poughkeepsie radiologist who concluded there
Medical Malpractice
Appellate Court Affirms Awards in Case of Man who Sustained a Stroke after Discharge from Emergency Room
On February 21, 2010, Paul Chicoine was admitted to a hospital emergency room in Bethpage with complaints of dizziness and vomiting. He was examined by a triage nurse and a physician, diagnosed with vertigo, dehydration and sinusitis and discharged.
About a week later, Mr. Chicoine, then 47 years old, sustained a stroke. He…
Appellate Court Vacates Emotional Distress Verdict in Medical Malpractice Death Case
On January 4. 2008, Antonio Molina III was admitted to Westchester Medical Center after being diagnosed with pleural fluid in his lungs. Two days later, Mr. Molina, then 35 years old, suffered a heart attack while in the hospital’s care.

Tests later that day found that a heart vessel was completely obstructed. The…
Appellate Court Affirms Liability and Damages Awards against Physician in Prostate Surgery Malpractice Case
On September 8, 2015, Alan Rosenthal sought medical treatment from Danny Sperling, M.D., an interventional radiologist specializing in the treatment of prostates. Mr. Rosenthal, then 60 years old, had a history of an enlarged prostate, he’d been recently diagnosed with two tumors in his prostate and he was concerned he might have prostate cancer.

Dr.
Medical Malpractice Plaintiff Sues Her Lawyers Claiming Inadequate Settlement
On September 28, 2010, Bei Yang’s obstetricians delivered her child at Greenwich Hospital in Connecticut. An episiotomy was performed during the vaginal delivery that allegedly caused a fourth-degree laceration that was improperly repaired resulting in a rectovaginal fistula.
Ms. Yang retained The Pagan Law Firm to pursue medical malpractice claims against her doctors. They sued…
Woman Awarded Damages for both Emotional Distress and Pain and Suffering in Ob-Gyn Medical Malpractice Case
On November 22, 2013, Dorian Wilson went to the emergency department at Kingsbrook Jewish Medical Center in Brooklyn complaining of stomach and flank pain. She reported that she’d taken a home pregnancy test the day before, which was positive. After various tests at the hospital, Ms. Wilson, then 25 years old, was diagnosed with an…
Delayed Cancer Diagnosis Verdict Upheld
On April 1, 2016, Jamie Hawkins went to her dermatologist at New York Dermatology & Mohs Surgery Group in Commack to check out a skin lesion on her head. She was seen by a physician’s assistant who found nothing suspicious and advised her it was nothing to be concerned about.
On May 19, 2017…
Delayed Diagnosis Leads to Significant Medical Malpractice Pain and Suffering Damages verdict
In August of 2014, while traveling in France, Lourdes Ameziani thought she was pregnant. She bought a home pregnancy test and the result was positive. She called her obstetrician in New York who told her to come to the office for a more definitive blood test. She flew home but woke up on the next…
Pre-Death Pain and Suffering Award Affirmed in Medical Malpractice Wrongful Death Case
On September 2, 2012, Joseph Stewart was admitted to New York Hospital Queens complaining of persistent headaches. Blood tests revealed abnormally high leukocytes indicating an infection. Ten days later he was transferred to a rehabilitation facility but had to be returned to the hospital after his leukocyte level kept climbing and he was exhibiting…
Appellate Court Rules on Damages in Medical Malpractice Wrongful Death Case
On December 8, 2001, Miguel Nesbitt was sent to a jail on Rikers Island in New York City to await trial on several felony charges. Earlier that year, while in Florida prison on federal marijuana charges, he tested positive for tuberculosis and was promptly placed on an antibiotic known as Isoniazid (“INH”).

Mr. Nesbitt’s INH…