Holding Negligent New York Hospitals and Doctors Accountable

Most adults are aware of the dangers of blood clots. This medical condition can impact patients of any age, gender, ethnicity, or race. Doctors should work closely with other hospital staff members to efficiently diagnose and treat blood clots before they can cause serious damage. In addition to identifying clots early, hospitals must also prevent blood clots from forming at any cost. When they fail to properly diagnose and treat a blood clot, it can put a patient at risk of suffering a pulmonary embolism, which can be deadly.

If you or someone you love suffered due to a blood clot misdiagnosis or mistreatment, you deserve full compensation. Our team at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has fought for families that lost loved ones due to poor medical care and can provide the same strong legal guidance to you. To schedule a free consultation with a New York blood clot misdiagnosis lawyer, contact us at (212) 986-7353.

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Consequences of a Blood Clot

Blood clots can form within the veins of the arms and legs; this is called deep-vein thrombosis (DVT). DVT has its own unique dangers, one of which is when the clot leaves the leg and continues along the blood vessels into the heart. From there, it can enter the lungs and block the flow of oxygen. This is a pulmonary embolism, which makes it difficult for the patient to breathe and for oxygenated blood to spread throughout the body.

Both DVT and pulmonary embolisms should be diagnosed and treated immediately. DVT on its own can cause extreme pain, swelling, and damage to the veins of the legs or arms, but if it turns into a pulmonary embolism, the patient could die. If a doctor, nurse, or other hospital staff member acts negligently in diagnosing or treating a blood clot, it is medical malpractice.

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How Are Blood Clots Diagnosed and Treated?

While anyone can develop a blood clot, there are certain conditions that increase a patient’s chances of developing one. Suffering a serious injury, having surgery, cancer, pregnancy, hormone replacement therapy involving estrogen (for example, birth control pills), being immobile in a bed or wheelchair, smoking, and being overweight all increase the likelihood of having a blood clot. Doctors know this. That’s why they must pay close attention to a patient’s medical history and keep an eye out for blood clots in at-risk patients.

The symptoms for a blood clot can vary depending on where it is located and what stage it is at. For DVT, a patient may experience:

  • Swelling in the arms or legs
  • Pain or tenderness that are unrelated to an injury
  • Redness on the skin
  • Cramping
  • Red or darkened veins

Doctors can diagnose DVT with a physical exam, a D-dimer blood test, an ultrasound, a venography, and an MRI scan, which may show where the vein has been blocked. Once it is identified, the doctor can treat DVT by using anticoagulants, or blood thinners, to keep the blood clot from growing and allowing it to break down naturally. For serious cases, clot busters, or thrombolytics, can be more effective, but should be used carefully, as there is an increased risk of internal bleeding in the patient. Compression stockings can also help prevent additional clots from forming if a patient is at risk.

With a pulmonary embolism, the symptoms may be more sudden and can include:

  • Shortness of breath
  • Difficulty breathing
  • Chest pain
  • Spitting up blood
  • An irregular heartrate
  • Excessive sweating

Doctors can use many of the same tests to identify a pulmonary embolism, but if it has reached an advanced stage, they may need to do additional scans to check the lungs, such as with a chest X-ray, CT-scan, a pulmonary angiogram, or V/Q scan. Blood thinners and clot busters can help reduce the size of a blood clot, but surgery may be necessary to quickly remove the clot if it has entered your lung. A vein filter can also prevent pulmonary embolisms if the DVT cannot be broken down.

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When Is a Misdiagnosis or Mistreatment Malpractice?

Most clots are preventable if a doctor carefully reviews a patient’s history, provides proper medication and guidelines to keep them from developing, and follows up on test results. Doctors should also follow the proper procedures when a patient presents with symptoms of DVT or a pulmonary embolism. Unfortunately, if a doctor orders the wrong tests, misreads the symptoms, or provides the wrong treatment, the patient can die.

Doctors and hospital staff have a duty to provide the best care possible for patients, especially if they are at risk of developing blood clots. Standard procedure is to check for DVT when a patient is immobilized or has been hospitalized. If a patient shows signs of suffering from a pulmonary embolism, doctors should take the symptoms seriously and act immediately. Any delay in treatment or misdiagnosis can be deadly.

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Compassionate Representation When You Need It Most

If your blood clot wasn’t diagnosed in time, or you developed it while hospitalized and suffered further injuries, you deserve full compensation for your trauma. These cases often end in death, leaving families heartbroken and buried under medical bills. If this happened to your family, you should reach out to a New York medical malpractice lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP.

We understand that you do not want to step into a courtroom after a serious injury or the loss of a loved one, but pursuing a medical malpractice claim may be your best option. A medical malpractice claim can help you recover compensation for your medical expenses, lost wages, and pain and suffering. The negligent doctor or hospital owes you compensation for what you have gone through, and our legal team can fight for you.

We have spent more than 50 years standing up for victims of medical malpractice in New York. We know how to successfully investigate and litigate these cases to get our clients the highest possible award. There is no cost to sitting down with one of our attorneys and discussing your case in a free consultation. When you are ready, call us at (212) 986-7353.

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Additional Information

Our Medical Malpractice Case Results

$16 Million - Two Medical Malpractice Cases Involving Brain Damage

Phil Russotti recently obtained settlements for two brain damaged individuals and their families totaling guaranteed payouts in excess of $16,000,000.

Philip Russotti

$12.085 Million - Failure to Timely Deliver an Infant

This is a case involving the failure to timely deliver an infant to a first-time mother and resulting in severe brain damage to the child who is now 6 years old.


$10.7 Million - Medical Malpractice Verdict In Queens County, NY

The female plaintiff fell down a flight of stairs at work and suffered a brain herniation that compressed the brain stem, which she contended was due to delayed treatment at the hospital emergency room.


$10.2 Million - Infant Brain Damage Due to Medical Malpractice in New York

New York lawyer, Philip Russotti, won a $10,200,000 settlement for an infant who has catastrophic neurologic injuries caused by brain damage that resulted from herpes that went undiagnosed in 2003.

Philip Russotti

$8.5 Million - Verdict For NY Stroke Victim

A 62 year-old man suffered a stroke following a delay in surgery and discontinuance of a medication (Heparin) which prevents blood clotting.


$6.6 Million - Improperly Performed Spinal Surgeries

At an extensive settlement mediation prior to jury selection, Phil Russotti settled a medical malpractice action on behalf of a old man against his neurosurgeon for improperly performing two spinal fusion surgeries.

Philip Russotti

$6.2 Million - Highest Personal Injury Verdict in Putnam County History

The plaintiff contended that an orthopedic surgeon failed to take a biopsy before performing surgery to remove a suspected Baker's cyst despite signs on MRI that the growth might be malignant.


$6.15 Million - Negligent Administration of Excessive Steroids For Lupus

Philip Russotti obtained a verdict in a case venued and tried in Hawaii, for approximately six weeks. It was a complex medical malpractice case involving an infant plaintiff who sustained numerous permanent injuries.

Philip Russotti

$6.15 Million - Largest Verdict in Hawaii Personal Injury History

Phil Russotti recently obtained the largest jury verdict in Hawaii in a personal injury suit, a $6.15 million dollar verdict for a 14 year old girl who suffered steroid myopathy.

Philip Russotti

$6.1 Million - Union Plumber in Trip-and-Fall, Medical Malpractice Action

Attorneys with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, obtained a settlement in the amount of $6,100,000 for a 57-year-old union plumber who tripped and fell at a construction site.

Kenneth Halperin, Jason Rubin

$6 Million - Newborn Who Sustained Brain and Kidney Injuries

The firm settled a case involving a newborn who sustained serious injuries during a double exchange transfusion.


$4.5 Million - New York Medical Malpractice Case

Phil Russotti recently settled a case against five doctors after eight weeks of trial for $4.5 million dollars. The case concerned their failure to timely diagnose appendicitis and operate on a 17 year old boy.

Philip Russotti

$4.25 Million - Client Developed Permanent Steroid Myopathy

Phil Russotti obtained the second largest medical malpractice jury verdict in the State of Hawaii's history on behalf of a young woman who developed steroid myopathy after administration of excessive amounts of steroids.

Philip Russotti

$3.75 Million - Recovery For Disabled Siamese Twin in New York

The firm recently obtained an extraordinary settlement in an extremely difficult medical malpractice case.


$3.5 Million - Medical Malpractice/Wrongful Death for Failure to Diagnose

Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Jason Rubin obtained a $3.5 million settlement in a case involving the failure to diagnose acute coronary syndrome in a 34-year-old married father of two children.

Jason Rubin

$3 Million - NY Medical Malpractice/Wrongful Death

Just prior to jury selection, Jason Rubin reached a $3 million settlement in a case arising out of the death of a 35 year old, unmarried mother of four.

Jason Rubin

$3 Million - Patient Develops Toxic Epidermal Necrolysis Due to Medication

Jason Rubin successfully represented a young man who experienced a severe case of toxic epidermal necrolysis due to medication.

Jason Rubin

$3 Million - Woman Died of Ovarian Cancer

Phil Russotti and Jason Rubin obtained a $3 million settlement in a medical malpractice/wrongful death case, involving a 59 year old woman who died of ovarian cancer.

Philip Russotti, Jason Rubin

$2.95 Million - Wrongful Death Claim in New York

After a month-long trial and during jury deliberations, Jason Rubin settled a medical malpractice/wrongful death case for $2.95 million.

Jason Rubin

$2.75 Million - Fatal Medical Malpractice

Prior to trial, Jason Rubin obtained a $2.75 million settlement in a medical malpractice case involving injuries sustained by an infant at birth, which lead to his death six years later.

Jason Rubin

Click here to see more NY Medical Malpractice Verdicts & Settlements