New York Office of Professional Medical Conduct Declines to Reprimand New York City Doctor for Medical Malpractice

A story about the New York Office of Professional Medical Conduct’s refusal to reprimand a New York City doctor after his patient died has some New York City medical patients and residents worried, and the case demonstrates that some doctors are back out in practice, even after patients die unexpectedly in their care. It’s business as usual for these grossly negligent doctors. According to news reports, New York City Doctor Thomas J. Byrne was the subject of a New York State investigation after his patient, Amy Lam, died soon after she gave birth to her baby at Harlem Hospital.

In 2016, Amy Lam had plans to give birth to her baby at Mount Sinai Beth Israel hospital in Manhattan, but she unexpectedly had to give birth in her West Harlem apartment. She had not birthed the placenta yet when emergency medical services reached her. According to first responders on the scene, Lam appeared to be “alert and oriented” when she was taken to the hospital. However, once at the hospital, Lam’s condition declined rapidly, and doctors determined that she was suffering from internal bleeding. Lam would require more than 20 blood transfusions over a period of only 10 hours, and, in the course of attempting to treat her, Dr. Byrne performed a hysterectomy on her. At some point during her treatment, Lam’s aorta ruptured, and she passed away. Lam’s husband, Gilbert Kwok, filed a complaint as a result of his wife’s death, and an investigation by the state was launched. In addition, Dr. Byrne was the subject of a news story delving into other “malpractice charges” against him, “spanning decades.” However, the New York Office of Professional Medical Conduct reviewed the case and found “insufficient evidence” of professional misconduct.

Kwok said of the findings by the New York Office of Professional Medical Conduct, “I am not surprised by the result… even if there is any further action from the investigation, they would just move to the other states and do the same thing again and again.” Kwok suggested that “the state’s latest findings are more evidence of a broken system for disciplining doctors.”

The terrible and tragic case of Amy Lam shows that mistakes during medical treatment can and do happen, and what should be the joyful birth of a new baby can turn into a nightmare in the blink of an eye. While the Lam family lost their battle at the Office of Professional Medical Conduct, the law permits them to bring a lawsuit against the doctor and the hospital to vindicate their legal rights in court before a judge and jury. These are the types of cases that we handle for our clients.

Finding Legal Help for Your Medical Malpractice Case in New York City

If you are in New York City and you need legal help, contact the experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. are here to help victims of medical malpractice in New York City get justice for their injuries and losses. Do not hesitate to speak with an experienced New York City medical malpractice lawyer about your case today. Contact Michael Gunzburg, P.C. and chat with a lawyer now.

Source:

gothamist.com/news/no-misconduct-charges-for-ny-doctor-with-long-record-of-malpractice-allegations

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About Michael Gunzburg

Michael Gunzburg is a New York City personal injury and medical malpractice attorney with over 37 years of trial experience. He has represented thousands of injured clients throughout New York City's five boroughs, securing numerous multimillion-dollar verdicts and settlements, including a $20 million structured settlement for a birth injury case and a $10.1 million settlement for a construction accident victim.

Michael holds a Juris Doctorate from Brooklyn Law School and is also a Certified Public Accountant, giving him unique insight into complex financial aspects of injury cases. He is admitted to practice in New York State Courts and the U.S. District Courts for the Southern and Eastern Districts of New York.

A member of the New York State Trial Lawyers Association and the American Association of Justice, Michael has argued cases before the New York Court of Appeals and has been a member of the Brooklyn Bar Association's legal referral panel since 1989. He handles cases involving car accidents, construction injuries, medical malpractice, and wrongful death throughout NYC.

The information in this post is for educational purposes and does not constitute legal advice. For specific guidance about your situation, contact Michael Gunzburg, P.C. at 212-725-8500.