New York Injury and Medical Malpractice Lawyers

Oshman & Mirisola

42 Broadway, 10th Floor New York, New York 10004 USA

 (212) 233-2100 or (800) 400-8182

www.oshmanlaw.com/
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Law Firm Overview

Oshman & Mirisola, LLP, located in New York City, originally founded over 35 years ago. The firm was formed with the guiding principles of service to its clients and excellence in advocating their cases. Today, we have grown to become one of the preeminent law firms in the areas of medical malpractice, product liability, defective drugs, personal injury litigation, toxic exposure, consumer rights and commercial litigation. Despite the growth since our early days, Oshman & Mirisola, LLP continues to provide representation to clients consistent with it’s original guiding principles.

First and foremost, our clients are provided the time, attention and respect they deserve when entrusting their legal matters to us. We strive to create an environment where every client’s case is handled as the most important one in the firm. From initial intake, the institution of legal proceedings, conducting discovery and ultimately, to settlement or trial, our clients are always kept abreast of the status of their case.

After a case is evaluated and accepted the client is advised of a specific lawyer and paralegal who will be responsible for handling their matter and communicating with them. In addition, clients are provided copies of all significant documents and can determine the stage of their litigation through on-line access provided by the firm. In the event a case is rejected or is one we are unable to handle, we will attempt to assist you by providing a referral to another attorney.

Practice Areas

Practice Areas Description

- Medical Malpractice

Medical Malpractice occurs when there is a deviation from the accepted standard of care in the community or locality where the doctor or hospital is located. An injury is considered medical malpractice, not because of unforeseen complications, but rather if the complications were the result of improper care and treatment. By failing to properly diagnose an illness or condition, such as cancer, in a timely manner can be considered medical negligence. We provide the highest level of legal expertise for New York medical malpractice cases including birth injuries such as cerebral palsy.

*Birth Injury
Statistics show that approximately 27 out of every 1,000 births involve some sort of birth related injury, with cerebral palsy as one of the most common. Although most women give birth in a hospital surrounded by medical professionals, a birth injury can happen at almost any point during labor and delivery. These injuries are most often the result of medical negligence or error. A baby with a birth injury may recover fully and quickly, or may suffer lifelong physical and/or mental limitations.

*Brachial Plexus Palsy
Brachial Plexus Palsy occurs when the brachial plexus, a network of nerves emerging from the spinal cord, is damaged. Since the brachial plexus conducts signals from the spine, through the neck, across the shoulders, along the arms, into the hand and ultimately, to the fingers tips, when it is damaged a limp arm can result.

*Cancer Misdiagnosis
Cancer Misdiagnosis occurs when a doctor or medical staff does not detect or treat any form of cancer either aggressively or early enough. Cancer misdiagnosis can also occur when a doctor attributes symptoms of cancer to another disease, or does not test for cancer when obvious cancer signs exist. In the U.S., medical errors are the cause of almost 100,000 unnecessary deaths per year and over 1 million preventable injuries.

*Cerebral Palsy
Cerebral palsy, also called Littles disease or static encephalopathy, is a group of chronic disorders impairing control of movement that appear in the first few years of life. Cerebral palsy was first noticed in children in the first years of their lives back in 1860. An English surgeon named William Little wrote about an unknown disorder that caused stiff, spastic muscles in their legs and their arms. The children with the observed difficulties did not get any better or any worse as they aged. That documented condition was called Littles for many years but is now known as spastic diplegia, a form of cerebral palsy.

*Erb’s Palsy
Different types of brachial plexus injuries may be classified as either Erb’s Palsy or Klumpke’s Palsy. Erb’s palsy is one of the most common and serious of all shoulder dystocia injuries, a type of trauma which results from a newborn’s shoulder becoming stuck behind the mother’s cervix during delivery. It results in damage to the nerves connecting the arm and shoulder from the use of excessive force or torque by the obstetrician, to release the stuck shoulder of the newborn.

*Hospital Negligence
When a person suffers harm at the hands of medical professionals, whether due to negligence, error, or some other act of malpractice, the hospital in which the person received the care may be held liable for any losses or suffering endured by the patient. Hospitals are meant to serve the needs of their patients and keep them safe; but, oftentimes, patient safety is compromised because a hospital fails to take the steps necessary to prevent medical errors and negligence.

*Medication Errors
In 1999, the U.S. Institute of Medicine (IOM) released a report claiming between 44,000 and 98,000 Americans die each year because of preventable medical mistakes. In data collected from Jury Verdict Research, Marsh Inc., and the Risk Management Foundation, it was found that the most common cause of medical malpractice lawsuits against hospitals are medication errors. In addition to those reports, the safety of prescription drugs has been a major healthcare concern since massive drug recalls have recently been announced.

*Surgical Error
The statistics for injuries and deaths due to some medical mistake are staggering and sobering. Almost 100,000 people die each year in hospitals in the US from preventable medical mistakes. Surgical errors can be the most serious form of medical mistake made, resulting in botched or faulty results or damage to any number of body parts.

- Personal Injury

A personal injury occurs when a person has suffered physical or psychological damage or death due to an accident, negligence, or a malicious act on the part of another. A victim of a personal injury is not only burdened with the injury inflicted, but is also forced to deal with the financial problems that can occur due to medical bills and lost wages.

*Birth Defects
Between two and ten percent of all birth defects are the direct result of using OTC or prescription medications during pregnancy.

*Boat Accidents
Each year thousands of people are injured or die in boating accidents that could have been prevented. In 2009, 736 people died in boating accidents and 4,084 people were involved in accidents with boats, according to statistics compiled by the U.S. Coast Guard. Boating accidents have become more frequent due to the increase use of commercial and recreational boats.

*Burn Injury
Every year in the United States, approximately 2.4 million burn injuries are reported. Between 8,000 and 12,000 burn victims will die while almost a million will suffer significant or permanent disabilities because of their burn injury. People with burn injuries often face a long and painful struggle that requires extensive rehabilitation and treatment.

*Brain Injury
Traumatic brain injury is sudden, physical brain damage resulting from sudden impact with an external force such as the dashboard of a car or a bullet. Motor vehicle accidents are the primary cause of traumatic brain injury, followed by falls, violence, sports injuries, and child abuse. Most traumatic brain injury accidents are preventable and occur because of another party’s recklessness, carelessness, or negligence.

*Dog Bites
Each year, about 4.5 million people in the U.S. are bitten by dogs, according to the Centers for Disease Control and Prevention (CDC). Dog attacks can require extensive medical treatment, in addition to the possibility of painful and expensive vaccinations to protect the victim from rabies. Some dog attacks even lead to death, especially when the victim is a small child.

*Eye Injury
There is no doubt that the introduction of LASIK (Laser-Assisted In Situ Keratomileusis) procedures was an unprecedented advancement in eye care, offering people an opportunity to have clearer vision without the inconvenience or the discomfort of glasses or contacts. LASIK has been able to correct refractive errors, including shortsightedness, long-sightedness or astigmatism, but despite the advances made in the eye surgery, LASIK injuries are sometimes suffered because of improper surgical techniques and negligent doctors.

*Hepatitis
Hepatitis is a group of diseases affecting the liver. The liver is responsible for assisting the body in digesting foods, removing toxins, and storing energy. Hepatitis makes the liver inflamed and compromises its functioning. This can lead to scarring of the liver, also called cirrhosis, and in some cases, cancer. Hepatitis can be caused by viruses, alcohol, certain toxins, medications, autoimmune disorders, and hereditary conditions. Hepatitis is thus divided into two main groups: viral and non-viral.

*Orthopedic Injury
Accidents and falls are the primary cause of neck injuries. Neck injuries can vary widely in effects and severity: some neck injuries result in temporary symptoms that resolve with time, while neck injuries that are more serious can lead to complete paralysis of the trunk and limbs. Whiplash injuries are one of the most common forms of neck injury, and are particularly common in vehicle accidents. Nerve damage, disc damage, ruptured ligaments, fractures of the vertebrae, and spinal cord injuries are other common neck injuries often caused by accidents and falls.

*Neurological Injury
The nervous system—which includes the brain, spinal cord, and an intricate network of nerves throughout the body—is an incredibly complex communication system that controls and regulates the functions of body. Unfortunately, this extraordinary system is vulnerable to disease and injury. Neurological injuries often have devastating and wide-reaching consequences, given the vast and vital functions of the nervous system.

*Spinal Cord Injury
A spinal cord injury is usually caused by a traumatic blow to the head, neck, or back that fractures or dislocates the vertebrate. Each year in the United States, more than 11,000 people suffer from a spinal cord injury, not including those who die at the scene of an accident. There are currently 250,000 people in the United States living with a spinal cord injury.

- Pharmaceutical Litigation

Prescription drugs are often rushed to market without adequate testing. It is unfortunate, but often people have to suffer injury or die before a prescription medication recall is instituted (Prescription Safety Alerts). When an injury occurs and a lawsuit is filed, the case will be based on personal injury law and typically fall into subcategories such as pharmaceutical injury law, product failure or medical malpractice/negligence. If a person dies due to a medication, a wrongful death case may be filed.

*Actos
Use of the diabetes drug Actos for more than one year has been shown to increase risk of bladder cancer by 40 percent.

*Advair
Advair Diskus, also known as “salmeterol xinafoate inhalation powder,” was approved by the Food and Drug Administration (“FDA”) in 2000 for the long term treatment of asthma and chronic obstructive pulmonary disease (COPD). Together with the asthma medication Serevent, Advair belongs to a class of drugs known as long-acting beta agonists, or LABAs. Advair, which combines Serevent with a steroid, had worldwide sales of $4.4 billion last year, making the medicine the biggest-selling product for the London-based GlaxoSmithKline.

*Clomid
According to a study published in the online journal Human Reproduction there is significant relation between Clomid, a fertility drug, and nine types of birth defects.

*DePuy Hip Implant
DePuy Orthopedics, a subsidiary of Johnson & Johnson Company, is under investigation for a recalled hip replacement device called the ASR Hip System. Patients have experienced side effects that stem from the shards of metal in the implant damaging the soft tissues surrounding the hip, as well as the implant dislocating completely.

*Gadolinium
On May 23, 2007, the FDA requested that a black box warning be added to all gadolinium-based contrast agents, used during MRI and MRA, to inform health care providers of the risk of a serious, debilitating, and potentially fatal adverse reaction known as Nephrogenic Systemic Fibrosis. Patients with certain kidney and liver related health conditions are those at risk for this serious drug side effect.

*Hydroxycut
Fourteen hydroxycut products have recently been pulled from the market after the Food and Drug Administration announced that these drugs carry the risk of serious side effects including seizures, liver failure, jaundice, rhabdomyolysis, cardiovascular problems, and even death.

*Pain Pump
Thousands of patients who have used pain pumps after arthroscopic shoulder surgery are at risk for a serious condition called Postarthroscopic Glenohumeral Chondrolysis (PAGCL), which causes severe pain and permanent joint damage.

*Sibutramine
Meridia (generic: sibutramine) is a weight-loss drug that affects the chemicals in the brain that control weight maintenance. This drug used along with diet and exercise to treat obesity that may be related to diabetes, high cholesterol or high blood pressure. Meridia was approved by the Food and Drug Administration (FDA) in 1997 for use by patients who were classified as obese.

*Trasylol
Trasylol, a drug commonly used during heart surgery to control bleeding, has been linked to a significantly increased risk of serious side effects including cardiovascular injury, kidney toxicity and death.

*Xolair
The FDA has ordered the addition of a black box warning to the anti-asthma drug Xolair due to the risk of serious life-threatening Xolair side effects. The most serious side effect of Xolair is anaphylaxis, or severe allergic reaction to the drug.

*Yaz Birth Control Injury
Bayer HealthCare Pharmaceuticals, the maker of Yaz birth control, has been charged with failing to adequately disclose to the public health risks associated with Yaz by federal regulators.

*Zimmer NexGen Knee Implant
In December 2010, the FDA announced a recall by joint implant manufacturer Zimmer Inc. of the NexGen Complete Knee Solution LPS Femoral Components. The devices were shown to exhibit a nonconforming internal CAM radius, although not every device was believed to be defective.

- Toxic Tort

Toxic tort specifically applies to injury that is caused by contact with a chemical or poisonous substance, such as a defective drug, asbestos, lead paint or toxic mold. Victims are subjected to the toxin unknowingly, because they are not aware that what they are being exposed to will hurt them or they are not aware that the toxin exists at all. For example, a family may live near a factory that is dumping toxic waste in the water system and contaminating the family’s drinking water. Or a pregnant woman may take a drug to help alleviate an illness or disorder, not realizing that it is harmful to the development of her unborn child. In both of these toxic tort cases, companies made choices that created dangerous situations and victims were harmed because of those decisions.

*Arsenic
Arsenic is a naturally occurring element of the periodic table that is highly poisonous to humans and yet is commonly found in workplaces, drinking water, and the air around factories and some plants. Arsenic exposure can lead to serious health problems, including death.

*Asbestos
Asbestos is a naturally occurring mineral fiber that was used widely for fireproofing and insulation mainly until the 1970s. Despite being largely phased out, countless numbers of Americans continue to suffer the serious, and often deadly, health effects of asbestos exposure. When breathed in, asbestos can cause asbestosis, lung cancer and mesothelioma.

*Cadmium
Cadmium is an extremely toxic mineral used in a number of industrial operations. Harmful exposure to cadmium typically occurs in the workplace, though individuals can be exposed to this material via contaminated food, water, soil, or cigarette smoke. Industrial workplaces where ore is processed or smelted pose the greatest threat of cadmium exposure. Cadmium poses numerous health risks including cancer and death.

*Lead Poisoning
According to the Center for Disease Control and Prevention, it is estimated that 1 out of every 10 preschoolers, or 434,000 children between the ages of one and five, suffer from some form of lead poisoning.

*Mercury
Mercury exposure can permanently damage the brain, kidneys, and developing fetus. It can cause neurological deficits and changes in vision, hearing, and memory among all segments of the population. Women exposed to high levels of methyl-mercury during pregnancy have greater risks of having children with developmental problems, including mental retardation, lack of coordination, and delays in learning to walk and talk.

*Toxic Mold
Mold is a natural occurrence, but there are some very dangerous molds that can significantly affect health. The topic of mold has been especially focused on toxic mold, or stachybotrys chartarum. This form of toxic mold, or black mold, is what has been referred to as the “Dateline Mold” after the news program presented a segment on its dangerous effects. Toxic mold is so dangerous that homeowners have filed lawsuits against their insurance companies and homebuilders for the health effects suffered because of it.

*Welding Rods
In the workplace, welders can be exposed serious health threats posed by welding rod fumes. Welders can suffer injuries caused by UV radiation, which can burn the eyes and skin. Chronic exposure to UV radiation can result in cataracts and skin cancer.

- Tortious Acts

*Auto Accident
Millions of Americans are injured each year as a result of automobile accidents. They are also the leading cause of brain injuries, spinal cord injuries, as well as a leading cause of orthopedic injuries and neurologic injuries in general. Because of the devastating impact injuries of this type can have on a person’s life, car accidents are frequently the subject of personal injury claims and lawsuits.

*Construction Accident
Workers injured on construction sites may be able to sue the owner, its agents and contractors, for all damages sustained by virtue of any physical harm which has occurred to them. Such suits are permitted on behalf of injured workers in addition to workers’ compensation benefits they may have received. Unlike workers’ compensation however, where an owner, agent or contractor is negligent or liable by statute, recovery can also be made for past and future lost earnings, pain and suffering, past and future medical expenses, loss of benefits, and many other types of damages.

*FELA Accident
Railroad work has long been one of the most dangerous types of labor, posing a variety of hazards to hard working dedicated professionals. FELA is a federal law intended to provide railroad workers protection from work related dangers and legal rights to seek compensation in the event that injury is sustained on the job. Please read on to learn more about FELA, your legal rights, and the types of injuries that are common in the line of railroad work.

*Overtime & Wage Disputes
The Wage Theft Prevention Act requires that employers provide written notice to employees of their rates of pay, designated payday, the employer’s intent to claim allowances (ie: tip or meal allowances) as part of the minimum wage and the basis of wage payment. Employers are then held responsible for paying their employees in accordance with the aforementioned notice and the current labor laws.

*Pool Accidents
Swimming pool accidents occur with surprising frequency in our country. In fact, according to the Centers for Disease Control (CDC), nearly 3500 people die in drowning accidents each year, many of which occur in swimming pool accidents where a child or adult falls, dives or jumps improperly, or becomes entrapped or entangled in suction drains or other defective pool materials.

*Truck Accident
Every year, nearly 500,000 large trucks (tractor-trailers or “semis”) are involved in traffic accidents in the United States. Approximately 5,000 of these accidents involve tractor trailer trucks and result in fatalities. In fact, one of every eight traffic fatalities is caused by a collision with a large truck. Most deaths that occur in these accidents are the passengers of the automobiles. Drivers of trucks typically remain uninjured.

*Wrongful Death
For hundreds of years, wrongful death laws did not exist in our country. Under common law, any right to a personal injury claim was lost when the injured individual died. This often left dependents and beneficiaries with huge medical bills, a significant loss of income, and other financial losses, not to mention the deep emotional loss of a loved one.

- Commercial Litigation

*Business Litigation
In every business disagreement, there is the possibility for the dispute to develop into a troublesome and costly legal mess. For this reason, it is vital to understand your legal rights and to have a competent business litigation lawyer on your side, looking out for your best interests. Legal cases involving business disputes are collectively referred to as business torts. Please read on to learn more about business torts and the different types of cases included in this broad class of civil lawsuits.

*Disability Insurance
Disability insurance is intended to protect and to provide financial support to those who suffer a disability during the course of their lives. Insurance companies have a duty to act in good faith and to uphold the terms of a disability policy by looking for ways to pay valid claims to their policyholders. However, because disability insurance companies exist to make a profit, they often look for ways out of helping their policyholders in their time of need.

Attorneys

Mr. Charles J. Mirisola, Jr. Attorney Health Care and Social, Litigation, Personal Injury

Mr. Theodore Oshman Attorney Health Care and Social, Litigation, Personal Injury

More Information on Oshman & Mirisola

Medical Malpractice Law Firm in New York, NY
New York Personal Injury Attorneys
Pharmaceutical Litigation in New York, NY
New York, New York Toxic Tort Law Firm
Tortious Acts Attorneys in New York, New York
New York Commercial Litigation Lawyers
Birth Injury Law Firm in New York
NY Auto Accident Attorneys
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