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WHEN YOUR DR. SHOULD TELL YOU TO GO TAKE A HIKE

Posted by Andrew J. Barovick | Jan 06, 2009 | 0 Comments

Should part of the informed consent discussion include your physician's telling you that you would get better care elsewhere?  That is the subject of a fascinating article in today's NY Times .   Reporter Denise Grady discusses the awkward situation that can arise when your local surgeon, for example, should tell you that your rectal cancer would be better addressed at a big-city teaching hospital, despite your wish to remain close to home.  Is the surgeon obligated to do so?  Good question.

Ms. Grady provides a couple of useful links for people faced with decisions regarding surgeries.  You can find out how well (or poorly) a hospital does in performing operations, and treating illnesses, at www.hospitalcompare.hhs.gov .  Additionally, you can find information on hospital infection rates in some states at www.hospitalinfection.org .

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.

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REPRESENTATIVE VERDICTS & SETTLEMENTS:

$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.

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