Victims of medical malpractice who are injured for life, such as those who are maimed, have an obvious reason to file a lawsuit. These people already know that since they have suffered from medical malpractice they should find a local malpractice attorney office to claim their due. After all, these victims are very likely either working two jobs to pay off their mounting medical bills that bad doctor caused them, or they are too injured to work. Many of these victims are at home in bed, in pain, and worried about how their bills are going to be paid.
Other victims of medical malpractice include the family and friends of the person who was killed due to a doctor’s negligence. These persons are left to pay the medical bills of their loved one, as well as pay costly funeral expenses to put the original victim to rest.
Many victims of medical malpractice suffer primarily mental or financial anguish. These people are the lucky victims we get to meet, and we believe they have been appointed to stand up for what the injured, the maimed, and the dead cannot: Fight against medical malpractice so that more lives are not ruined or lost.
Your medical malpractice lawsuit is a tool to help refocus American doctors on what’s important. Hit their pocket book and see that they think about their patients and not the golf ball. If you have a medical malpractice case on your hands, hand it to competent local medical malpractice attorneys who see the bigger picture.
Andre Zayas is a professionally syndicated author.
Attorneys
Is it malpractice if a doctor fails to inform a patient that their MRI result is abnormal?
Is it a departure from good and accepted practice if a radiologist misreads a chest x-ray, that in hindsight shows a malignant mass that turns out to be lung cancer?
Is it wrong for a doctor to put surgical clips across the common bile duct when doing a laparoscopic gallbladder removal?
What do you think of a doctor who takes cash for a procedure, does a “half-baked” job, and refuses to return the money to the patient? Would it sound better if I told you the doctor gave up his license to practice, abandoned his patients, and now each of his patients with “sub-standard” treatment must get corrective treatment at the going rate, which is double or triple than what this doctor originally charged?
What about the case of a man who collapses at home, is rushed to the emergency room, has emergency surgery on his intestines and he comes out of surgery needing to have his hand amputated days later.
Maybe this one will catch your attention:
A woman goes into the hospital for a total knee replacement. The surgery goes well. In the recovery room a drain in the knee is attached to a tube for drainage. Unfortunately, the nurse who attached the drain tube attached it to an oxygen line instead of a suction line. Instead of fluid being pulled out of the knee space, air was being pumped INTO the knee. Since the knee was a closed space, the air blew into the space directly under the skin and muscles, travelled up her entire leg, inflating her leg like a balloon, then going up to her belly, causing her belly to become as large as a pregnant woman’s. The doctors were eventually alerted to this inexplicable condition and rush the woman into the operating room where they had to perform emergency surgery to find out why her belly was inexplicably becoming larger and larger.
Immediately upon opening her belly, a huge amount of air was released- like a balloon that is quickly deflated. Turns out, there was nothing wrong with her belly. Working backwards, the doctors were able to figure out that the drainage tube had air going into her knee which then travelled up to her belly, causing her to look like a hot-air balloon. The failure to recognize the mistake led this woman to have emergency abdominal surgery–something that she did not need. Her anticipated hospital stay of one day turned into a week-long stay with complications following the belly surgery.
What about the man who had eye surgery to repair a drooping eyelid and came out of surgery being blind? Turns out that the eye surgeon cut his optic nerve during surgery, and only realized the horrible mistake a day later- too late to fix the problem. The man is now permanently blind.
What common recurring theme is found in each of these cases?
Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com Call him at 516-487-8207.
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Any injury caused to a patient as a direct result of the neglect or incompetence on the doctor’s part is termed medical malpractice. Instances of medical malpractice are seen whenever a patient – without justification – suffers prolonged or increased suffering, either because of a delay in diagnosis or because of a faulty diagnosis or treatment. In serious cases, this can even lead to lifelong debility or death of the patient.
If you are a victim of medical malpractice, you have put up with preventable pain because of your doctor’s fault. You are thus entitled to claim compensation to make up for your suffering. Remember, however, that to be able to do so, you will have to prove that your doctor was at fault.
This is a four-step guide to help you file a winning medical malpractice claim:
Step 1: Determine whether the doctor was at fault. The only way to do this is to thoroughly research the information available on your specific medical condition. Remember, you are dealing with a subject that your doctor knows more about than you do. To prove that he is guilty you will need to:
• Speak to specialists
• Refer to medical literature
• Talk to other patients with a similar condition
Step 2: Find out if you have a valid claim. This is not necessarily the same as the above. For a claim to be valid, you should have suffered a reasonable amount of distress. What’s more, you should be in a position to prove that your distress was caused due to your doctor’s mistake. An inconsequential delay, for instance, that caused you slight inconvenience, will not constitute a valid claim.
Step 3: Collect incriminating evidence. In a medical malpractice case, evidence will generally consist of your medical reports along with records of all the treatment prescribed by your doctor.
Step 4: Hire a lawyer. A competent lawyer will help you to handle complicated legal formalities and, if it comes to that, to fight your case in court.
Diana Joseph has an in-depth knowledge in dealing with in injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims. Please contact her for further information on claims related issues.
Today, the circumstances are a little different. With the evolution of technology and scientific discovery, our knowledge of the human body and its processes are becoming increasingly accurate. We can determine what action to take in different situations in order to ensure the most profitable outcome. Despite these improvements, birth injuries still occur. These can be caused by a number of different things, ranging from inadequate medical care to natural pregnancy complications.
Some of the most common are as follows:
Abnormal position refers to the way the baby is positioned in the mother’s womb. While doctors can try to reposition the baby, the process can incur even more complications, like tangling the umbilical cord, which can eventually strangle the baby.
Large babies, those that way 8.5 pounds or more, can cause injury to the mother during birth. In some cases, the baby is too large for the birth canal, and in others, the baby can rip or tear flesh, forcing an operation to be done in order to retrieve the baby. This can also occur when the baby is too mature and has been in the womb for a several days beyond the expected delivery date.
These examples are only three of the possible causes of birth injury. More often than not, though, the fault isn’t on the mother’s genetic makeup, like her size or the nature of her labor. It is sometimes a result of malpractice, a doctor who is does not handle with care or who ignores vital signs that could prevent such injuries from occurring.
When this happens, it’s important to know that there are people who can help. If you or someone you know has been the victim of birth injury due to medical malpractice, consult this website for more information on how you can protect yourself: http://www.birth-injurylawyers.com/
Joseph Devine
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Most people believe that if the receive medical treatment and have a bad result, medical malpractice has occurred. This is, in fact, not the case. A bad result might mean malpractice occurred, but then again it might not. Doctors are not held to a standard wherein they have to provide a perfect result every time. Medicine and the human body just do not work that way.
So, what is the secret to understanding your medical malpractice case? It has to do with elements. To prevail in a lawsuit, you must prove certain elements in a case. Generally speaking, these elements are the standard of care, a breach of that standard, causation and damages. Keep in mind that every state has a slightly different version of this law, but this is the general standard for purposes of this article.
The standard of care is often a confusing issue of many. It simply means the minimum standard of care that is required of medical professionals in the community for the particular treatment in question. The standard is established through expert testimony in most cases.
Causation is vital element of the claim as well. If a doctor performs below the standard of care, it doesn’t matter unless it “causes” some damage. If the doctor performed a knee surgery below the standard of care, it doesn’t matter if you are claiming an elbow injury!
Damages are, of course, the final element that must be proved. This is usually done by showing bills related to further medical care. A more subjective claim for “pain and suffering” is usually made as well. Essentially, this is the point where monetary damages are suggested by the plaintiff and argued against by the defense.
If you have received medical treatment you have questions about, you should speak with a medical malpractice attorney in your area. They can give you the low down on the treatment you’ve received and the local standards that apply.
Aazdak Alisimo writes medical malpractice articles for MedicalMalpracticeAttorneyNet.com where you can find a medical malpractice attorney in your area.
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If done correctly, a forceps delivery can save the baby’s life or prevent it becoming severely hypoxic, or oxygen deprived. If an infant goes without oxygen for too long, severe and permanent brain damage can occur. Likewise, use of forceps might be the only way to deliver the child or protect its head because of improper positioning. Because of the vulnerability of a baby’s skull, it is extremely important to care for the head. If a doctor does not take necessary steps to shelter the skull, brain damage can result.
Conversely, forceps delivery can also hurt the baby, sometimes permanently. Some degree of force is always employed in forceps delivery so risk is inherent in the procedure. Specific dangers include facial nerve damage, skull fractures, and cerebral palsy. Babies are not the only parties at risk for complications during forceps births. Mothers face increased risks for lacerations, urinary tract infections, and rectum injuries.
If you are interested in learning more about forceps deliveries, this site about traumatic birth injuries can help.
Joseph Devine
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Today, the circumstances are a little different. With the evolution of technology and scientific discovery, our knowledge of the human body and its processes are becoming increasingly accurate. We can determine what action to take in different situations in order to ensure the most profitable outcome. Despite these improvements, birth injuries still occur. These can be caused by a number of different things, ranging from inadequate medical care to natural pregnancy complications.
Some of the most common are as follows:
Abnormal position refers to the way the baby is positioned in the mother’s womb. While doctors can try to reposition the baby, the process can incur even more complications, like tangling the umbilical cord, which can eventually strangle the baby.
Large babies, those that way 8.5 pounds or more, can cause injury to the mother during birth. In some cases, the baby is too large for the birth canal, and in others, the baby can rip or tear flesh, forcing an operation to be done in order to retrieve the baby. This can also occur when the baby is too mature and has been in the womb for a several days beyond the expected delivery date.
These examples are only three of the possible causes of birth injury. More often than not, though, the fault isn’t on the mother’s genetic makeup, like her size or the nature of her labor. It is sometimes a result of malpractice, a doctor who is does not handle with care or who ignores vital signs that could prevent such injuries from occurring.
When this happens, it’s important to know that there are people who can help. If you or someone you know has been the victim of birth injury due to medical malpractice, consult this website for more information on how you can protect yourself: http://www.birth-injurylawyers.com/
Joseph Devine
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As much as the legal profession denies it, law is an old boys network. The more experienced an attorney, the better. Ask how long the attorney has been practicing, how many trials they have had and how many they have won versus lost?
Obviously, providing quality services is also important. Make sure to ask the attorney if they have ever had a complaint lodged against them by a client. Also ask if they have ever been disciplined by the bar. The “bar” is the licensing entity in each state. Most have an online site that you can use to read up on your attorney.
Specificity is also important when choosing an attorney. It is great and all that the prospective attorney has done hundreds of trials, but has he or she tried a case covering the same subject matter as yours? Trying 100 car accident cases doesn’t help a lawyer prepare for their first medical malpractice trial.
Not to be negative, but ask about malpractice insurance. People are often surprised to learn that attorneys in most states are not required to carry it. They are also not required to tell you most of the time. Ask for a clarification up front and an explanation if they are not carrying it.
Finally, make sure you are comfortable with your attorney. Remember, they work for you, not the other way around.
Aazdak Alisimo writes articles full of personal injury information for PersonalInjuryLawyerNet.com where you can find a personal injury lawyer near you.
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One of the many types birth injuries that can result from a mistake during delivery is known as shoulder dystocia or Erb’s palsy. Shoulder dystocia or Erb’s palsy may occur when an inexperienced or improperly trained physician damages a newborn’s brachial plexus, a delicate part of the shoulder. The improper use of forceps or other negligent actions during delivery may cause this injury. Brachial plexus injury results in pain, a limited ability to move a hand and/or arm, or an inability to lift an arm above shoulder level.
Causes of Birth Injuries
Another cause of debilitating birth injury results from lack of oxygen to the brain during delivery. The lack of oxygen at this critical time can result from either an anoxic injury or a mechanical injury. An anoxic injury is caused by a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements during delivery.
Similar brain damage also can result from a mechanical injury or physical trauma during birth. A skull fracture is just one devastating consequence of this kind of trauma. The improper use of forceps, suction, or force to the baby’s head can all result in this, or other types of mechanical injury.
Signs of Birth Injury
The signs that a fetus has a higher risk of birth injury include:
* A difficult and long labor
* Improper use of medication or other substances by the pregnant mother
* An abnormally large fetus
* Breech birth (buttocks first)
The risk increases if there is an unreasonably long delay in performing an emergency cesarean section. A pregnant woman with gestational diabetes also has an increased chance of complications at birth.
While estimates vary, it appears that between two to seven babies, out of every thousand births, will suffer birth injuries. Therefore, it is important to take every precaution to have a healthy delivery, by seeking out a competent obstetrician or pre-natal physician and carefully following his or her advice and instructions.
Why You Need a Lawyer
There are many reasons why you should consult with an attorney about your legal rights.
Peace of Mind
If your child has a birth injury, it may have been caused by medical malpractice. You owe it to your child and your family to see if the real cause of your child’s condition can be determined. A competent attorney will obtain all relevant medical records, review all documentation, and consult with leading medical experts to determine definitively whether a medical professional’s negligence caused your child’s condition.
The cost of caring for a child who suffers from birth injuries can be financially catastrophic. A family can expect significant expenses throughout the child’s lifetime, because the condition may not improve over time. This is an extreme hardship for most families, who are already struggling with the emotional circumstances created by the responsibility of caring for a severely injured child. If the child’s condition is determined to be the fault of a hospital or physician, then there should be medical malpractice insurance in place to provide financial compensation for these costs.
Professional Legal Evaluation of Your Claim
Proving any type of medical malpractice case is a complicated process, and this is certainly true of a claim on behalf of a child with birth injury. It may take an attorney hundreds of hours to gather all of the documentation, make a determination, and file the appropriate claim on your child’s behalf. You need a lawyer who is well versed in the complicated laws that govern these actions.
Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.
The Law Offices of Samuel I. Bernstein, our Michigan personal injury and medical malpractice law firm, has represented the victims of serious instances of medical malpractice since 1968.
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How could this happen in today’s day and age? Here’s an apparently well-trained physician who claimed, according to his PR person’s statement that “He was unaware that what he was doing was incorrect.” Give me a break. It’s common knowledge that you don’t re-use needles, and you certainly don’t re-use syringes. Why would anyone re-use a syringe? It makes no sense.
Here’s how it happened, according to the New York State Department of Health:
The anesthesiologist used a clean needle and syringe to obtain medicine from a vial. The medicine was injected into patient #1. The anesthesiologist removed the needle and then replaced the needle onto the syringe that he had used for patient #1. He then sticks the new needle and old syringe into the original medicine vial he used for patient #1. He then injects medicine into patient #2.
After an investigation by the department of health, they determined that a trace amount of patient #1′s bodily fluids likely ended up in the syringe after the first injection. When this doctor inserted the new needle and old syringe into the old medicine vial, it likely contaminated it with patient #1 blood. The tainted medicine vial was then used to inject other patients.
Infection control is critical to preventing errors such as this one where two patients suffered hepatitis from this doctor’s improper infection control. The doctor claims that he was cleared by the Department of Health, and given remedial instruction on how to use these ‘multi-use’ vials.
However, when looked at from a legal point of view, and not from a Department of Health regulation point of view, one could certainly argue that there was a departure from good medical care that resulted in significant harm (the hepatitis) to the patient.
I’ll leave it to the politicians to point fingers at the New York State Department of Health and the Nassau County Department of Health about why they didn’t notify this doctors’ patients two years ago about the possibility they may have contracted hepatitis from this improper procedure.
Importantly, if you believe you contracted hepatitis or other infectious disease from improper infection control, you should contact an experienced New York medical malpractice lawyer immediately.
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com
Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.
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