Smiley & Smiley, LLP

June 2012 Archives

Prayer Versus Medical Care - Negligent Parents Let Their Daughter Die Before Their Eyes

A disgusting story hit the news yesterday and fortunately I had the opportunity to air my displeasure to the nation on the Fox News Network.  Parents in Wisconsin failed to take their 11 year old daughter to a doctor when she became deathly ill from diabetes.  Instead of seeking medical care for a completely treatable medical condition ...they held hands and prayed, convinced that the power of prayer would heal their child.  The facts of this case disgust me on a personal as well as professional level.  As a lawyer who has spent my entire professional career representing those who have been injured by negligence and as a father of a young girl, it is unfathomable to me that parents could watch their own child die an excruciating death of vomiting, loss of appetite, sleepless nights and fever for over the course of 30 days without even calling a doctor or dialing 911.  As I  stated on television  these people should be tarred and feathered.  Do you think I was too harsh with my comments on Fox News? I don't think so!

Irish woman's family sues over deadly plastic surgery

Making news in Ireland this week is the upcoming NYC medical malpractice trial of an Irish family that is suing NYC plastic surgeon, Dr. Michael Sachs. Kay Cregan, a 42 year old wife and mother of two, went to Dr. Sachs for a face lift - she ended up dead.  Allegedly, prior to this incident, Dr. Sachs had been sued approximately 33 times for medical malpractice. There is always a risk when undergoing surgery and that is why I always tell everyone who will listen to me that you should NEVER have surgery unless it is absolutely necessary. A facelift is an elective surgery -one of choice and not medical necessity.  It is a dangerous gamble to take the risks of general anesthesia and going under the knife so that you can look better.  That's why plastic surgeons make patients sign explicit consent forms acknowledging the risk of injury and even, like here, death. My firm handled a case where a long island woman died while undergoing a nose-job. The defense tried the "consent" argument. They lost. We won. You can't consent to malpractice.  If Dr. Sachs did a botched job on this woman which caused her to die, he will have to pay for it - big time. If they prove malpractice, the Cregan family will be compensated for the loss of parental guidance for the two children, the pain and suffering Kay endured and any financial loss the family will suffer from her death - likely to be a verdict in the millions. Stay tuned for the result....

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