A surgeon operating at Mr. Sinai Hospital in Manhattan removed the wrong kidney from an elderly man on an undisclosed date at the hospital’s Manhattan location, reports New York City medical malpractice attorney Jonathan C. Reiter. Following the discovery of the surgeon’s tragic mistake, he was relieved of all his clinical and administrative duties, according to hospital spokesperson, Dorie Klussa. The patient was a 76-year-old male who suffered with two diseased kidneys, one more advanced than the other. He had been on dialysis for an unknown period of time prior to the surgery. The patient’s identity remains undisclosed. According to Ms. Klussa, the patient was woken up following the surgery that removed the wrong kidney. Another surgeon then operated again on the patient, removing his remaining kidney. The surgeon who performed the surgery that removed the wrong kidney was not identified by the hospital pursuant to the hospital’s policy of confidentiality regarding personnel matters.

Mr. Reiter, a New York City medical malpractice attorney, who has handled many medical malpractice cases, offered the following comments regarding such a tragic event as removing the wrong kidney, as follows: “There has been a history of surgeons making this type of mistake in the operating room. Sometimes, they operate on the wrong side of the brain, remove the wrong kidney, or even amputate the wrong leg. It is sometimes due to surgeons being distracted by something as mundane as a beeper or telephone call. Hospitals have reacted by instituting practices to ‘mistake-proof’ the operating rooms, by implementing procedures to identify the correct side of the body the part that is to be operated on. Obviously, these so-called mistake-proof procedures do not always work because human beings make mistakes despite procedures meant to minimize the chances of these tragic mistakes. In the case of the kidney, it is a vital organ that is necessary to sustain life. A person can live with one kidney, but cannot live with no kidney.” Mr. Reiter went on to discuss the legal aspects of this tragedy, as follows: “There is a legal concept that applies to this type of mistake which is ‘res ipsa loquiteur’ which means ‘the thing speaks for itself.’ In this case, the removal of the wrong kidney is a ‘res ipsa’ case because it could not have happened in the absence of negligence. It speaks for itself.”

It is hoped that Mt. Sinai Hospital will do a full investigation of such a tragic event. The New York State Board of Health will conduct a separate investigation of this incident as mandated by law. These investigations will hopefully reveal facts and circumstances, which will form the basis of new and better procedures to improve health care, and truly ‘mistake-proof’ operating rooms in every hospital statewide.

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According to research medical misdiagnosis occur at a higher rate than drug errors or wrong-site surgery. Statistics place the number of fatal medical misdiagnoses as nearly equal to the number of deaths from breast cancer, amounting to more than an estimated 40,000 deaths each year. Several factors contribute to the fact that medical misdiagnoses are far more common than many would expect, and there is growing concern about the impact this issue has on the health care system.

The complexity of many medical procedures, time pressures experienced by physicians and medical personnel, and the high number of patients seen by medical practitioners, are all issues within the healthcare system that contribute to problems such as misdiagnoses or delayed diagnoses of serious health conditions for patients.

Many diagnostic errors are not detected until years after a patient is misdiagnosed, often when it is too late. Furthermore, some doctors are never made aware that they made a mistake because patients choose to seek medical care elsewhere, patients themselves are not aware that the misdiagnosis was the cause of additional health problems, or patients may choose not to take legal action regardless of whether they are aware of the misdiagnosis.

The Law Firm of Jonathan C. Reiter is available for those who have been injured as a result of a New York medical misdiagnosis and have questions about their rights under the law. The firm can provide a free case evaluation for those who contact them about a prospective New York medical malpractice claim.

Individuals can contact the firm today with questions about their legal rights concerning any type of New York medical malpractice matter.

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Burlington Township, NJ — Seven students were injured when their school bus collided with another vehicle on Tuesday, May 14, 2013. The school bus accident occurred at the intersection of Salem Road and Cynwyd Drive at about 8:30 a.m., NJ.com reported.

According to officials, the school bus was taking students to Fountain Woods Elementary School on Fountain Avenue when the crash occurred.

Responding emergency crews transported seven students to area hospitals for treatment of minor injuries and were released to their parents.

Eight other students were taken to the school, where they were evaluated by the school nurse and sent home with their parents.

The driver of the other car was transported to Lourdes Specialty Hospital for medical treatment.

The identity of the driver and the cause of the accident have not been released at this time. Investigations are ongoing.

Legal News Reporter: Nicole Howley-Legal news for New Jersey automobile accident lawyers.

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Arkansas – A federal judge has blocked a new law banning abortions after 12 weeks in Arkansas. As reported by Reuters, U.S. District Judge Susan Webber Wright granted an injunction Friday in a motion filed by abortion rights groups who claim the restrictive statute is “more than likely” unconstitutional.

Nancy Northup, chief executive of the Center for Reproductive Rights, is quoted by Reuters as stating of the judge’s decision, “Today’s decision ensures that the women of Arkansas will remain protected from this blatant unconstitutional assault on their health and fundamental reproductive rights.

“Such an extreme ban on abortion would have immediate and devastating consequences for women in Arkansas, especially those who could not afford to travel out of state to access reproductive health care.”

The law was set to take effect in August.

Justice News Flash delivers the latest in Arkansas legal news.

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Phoenix – Jurors were brought to tears while hearing testimony from the victim’s family members during the penalty phase of the trial against Jodi Arias on Thursday. As reported by the Associated Press (AP), family members who testified about their ordeal after learning of the death of Travis Alexander included his brother and sister.

Alexander’s younger brother Steven is quoted by the AP as stating during his testimony, “The nature of my brother’s murder has had a major impact on me. It’s even invaded my dreams… I’ve had nightmares about somebody coming after me with a knife, then going after my wife and my daughter.”

Arias was found guilty of first-degree murder in the 2008 death of Travis Alexander last week. The same panel of jurors who convicted her are set to decide whether her sentence will be life in prison or the death penalty.

Justice News Flash delivers the latest in Phoenix legal news.

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Denver, Colorado – A group of sheriffs in Colorado have banned together in the filing of a federal lawsuit in an attempt to block new gun control laws passed by the state’s legislature. As reported by Reuters, the lawsuit was filed Friday with 54 of the 64 county sheriffs having signed on to the suit.

The sheriffs allege in the lawsuit that the measures impede on the rights of citizens to own and bear arms. They also purport that tight budgets will hinder their ability to enforce the laws, which are set to go into effect July 1.

The lawsuit is quoted by Reuters as stating, “They (the sheriffs) cannot expend these resources to conduct investigations that would be necessary to monitor compliance.”

Democratic state Senator Mary Hodge, who sponsored one of the bills, is further quoted as stating in response to the sheriffs’ suit, “We can’t just sit by and do nothing while first-graders and moviegoers are being mowed down in one fell swoop with weapons equipped with large-capacity magazines.”

Justice News Flash delivers the latest in Colorado legal news.

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Los Angeles – The ex-boyfriend of Amanda Knox spoke publicly about their ordeal in being accused in the 2007 death of Knox’s roommate and jailed for four years before they were acquitted in 2011. As reported by NBC’s TODAY, Raffaele Sollecito has written a new book “Honor Bound: My Journey to Hell and Back with Amanda Knox” and stated in a recent interview that he does not fear that he will be sent back to jail.

Sollecito is quoted in the report as stating in the interview, “I’m innocent, and we got evidence of our innocence, so we will fight until the end without any worry.”

Sollecito further stated when being asked about the pressure he faced to implicate Knox in the case, “(Amanda) told me that she thinks that I’m a kind of hero, but I don’t feel so… And I don’t need any kind of gratitude… I did it because I know it’s the truth. It’s the good thing to do. It’s the only way for me.”

Italy’s highest court overturned the lower court’s decision to acquit the two former exchange students two months ago. A new trial has been ordered to begin within the next year.

Justice News Flash delivers the latest in Los Angeles legal news.

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New York, NY — The U.S. Consumer Product Safety Commission (CPSC) and Toro have voluntarily recalled Toro® Z Master® Riding Mowers because of fire hazards posed by the mower. The CPSC announced the nationwide product recall on May 9, 2013.

The riding lawn mowers were recalled after discovering that the idler pulley can rub against the mower’s fuel tank, posing a fire hazard.

“This recall involves 2012 and 2013 Toro Z Master Commercial 2000 Series ZRT riding mowers. The mowers are red and black. ‘Toro’ and ‘2000 Series’ are printed on the side and ‘Z Master Commercial’ on the front of the mowers. When viewed from the operator’s seat, the model and serial numbers are on a metal plate located at the front of the mower, below the seat, on the right-hand side. The following models and corresponding serial numbers are included in this recall: model number 74141 with serial numbers ranging from 312000101 to 312000784 and 313000101 to 313000364; model number 74143 with serial numbers ranging from 312000101 to 312000881 and 313000101 to 313000432; and model number 74145 with serial numbers ranging from 312000101 to 312001178 and 313000101 to 313000443,” the CPSC reported.

There has been no reports of injuries as a result of the defect.

Consumers are advised to contact a Toro dealer to schedule a free repair and/or to check if the repair has already been made to the mower. All registered owners of the recalled mowers have been notified.

For more information concerning the product recall, consumers can contact Toro; toll-free at (855) 493-0090, from 8 a.m. to 5 p.m. CT Monday through Friday, or online at www.toro.com and click on Product Recall Information on the bottom right-hand side of the page for more information.

Legal News Reporter: Nicole Howley-Legal news for product liability lawyers.

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Rye Brook, NY — A Verde Electric employee is recovering after he was injured when a passing tractor trailer hit the bucket of the lift truck he was working on. The work-related accident occurred on Ridge Road and Ellendale Avenue in Rye Brook at about 9:43 a.m., the Patch.com reported.

The 52-year-old Mahopac man was reportedly working on a new traffic light when the passing truck hit the bucket he was in, which caused him to topple out of it. The worker was left hanging from the traffic light until the safety connection failed. The worker then fell on to the top of the passing tractor trailer, where he then rolled off the truck and fell to the pavement face-first.

Responding emergency medical crews rushed the Westchester Medical Center in Valhalla for a broken nose and several broken ribs. He also sustained a broken elbow for which he needed surgery to treat.

The semi-truck that hit the bucket was reportedly driven by a 50-year-old York, PA, woman. She was headed to make a delivery on West William Street when the accident occurred.

No charges are being brought against the woman. The semi-truck, owned by Wastontown Trucking Co. of Milton, PA, did not have any mechanical problems and had all the necessary paperwork.

Rye Brook Police and Port Chester-Rye Brook EMS, and Westchester County Police all responded to the accident and were involved in the investigation.

The U.S. Occupational Safety and Health Administration (OSHA) was also notified of the work-related accident.

Legal News Reporter: Nicole Howley-Legal news for New York workplace accident lawyers.

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Burn injuries can include a range of health complications for those who have suffered them. Depending on the extent of the burn, whether it is first, second, or third degree, major scarring and serious infections can have long-term effects on burn victims.

With first-degree burns, one may see redness, or have pain or sensitivity to the touch. These typically do not present a cause for serious concern because they heal and are not normally linked to complications. Second-degree burns are more serious and may lead to blistering and restricted movement due to the formation of scar tissue. Third degree burns are the most severe and destroy the nerves underneath. They typically lead to skin discoloration and often serious health complications including infection that can spread to the bloodstream, organ damage, destroyed muscle tissue, and other problems.

Patients with third degree burns or those that lead to additional health problems may be left unable to work due to their injuries. In these cases, the time out of work could last up to a year or longer. Burn victims facing these challenges may be able to receive Social Security Disability benefits if their injuries meet a listing outlined by Social Security or their capacity to work is greatly diminished. Burns that are being treated as well as burns that are not being treated are both covered in the listing.

Wright & Wright, America’s Social Security Disability Firm? is available to help those with burn injuries assess their eligibility requirements when filing for SSDI. The firm’s advocates are available to help applicants ensure that they follow all necessary procedures for achieving a successful case outcome. If you would like to discuss your filing options with a qualified professional, contact the firm today and request a free case evaluation.

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