What is "Medical Malpractice"?

Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice are too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

What must be shown to prevail in a medical malpractice case?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: The health care provider owed a duty to the patient The health care provider breached that duty The patient suffered an injury The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

What is the first step in pursuing a medical malpractice claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

Have I waived my rights because I signed a consent form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgment of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

I've heard that lawsuits take a long time. Is that true with malpractice cases?

Malpractice cases don't necessarily take any longer than other cases, but doctors, hospitals, and insurance companies often try to drag them out. Malpractice claims are often delayed because the doctor or hospital knows they will ultimately have to pay. In other words, they know that they made a horrible mistake. We work hard to prevent these delays.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

It's taken me several months to work up the nerve to do anything about my situation. Am I running out of time to file a lawsuit against my doctor?

Statutes of limitations govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim. Each state has different statute of limitation periods which apply to personal injury cases under various circumstances. In some cases, the statute of limitations may be as short as one year, while under different circumstances, it may be eight years or more. Many factors bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others. One must make absolute certain that they are aware of when their statute of limitations period expires, or risk jeopardizing their legal rights. An experienced personal injury lawyer can be of assistance in this regard.

Nothing serious has happened to me yet, but I'm beginning to question my doctor's care. What can I do to prevent malpractice?

The best advice we can give to you is to listen to your body. If your doctor tells you that you're fine, but you don't feel fine, make another appointment. As you are listening to your body, educate yourself on what's happening. Use the library and the Internet to find out about your symptoms and what tests are usually run for them. Have your doctor write everything down for you. If your doctor denies you a particular test or a referral to a specialist, have the doctor explain in writing the reason for the denial. If the doctor won't write it down, you should seek counsel by a qualified attorney.

Mother Who Suffered Brain Damage During Childbirth Compensated Mil...

Bronx Lebanon Hospital and several of its doctors came under fire when a medical malpractice lawsuit was filed against them for causing brain damage to a mother and her baby during childbirth. The mother died six years later due to brain injuries, and the baby was institutionalized. Separate medical malpractice attorneys represented the mother and baby due to a family dispute. The lawyers eventually reached a settlement of $7 million for the mother and $8 million for the baby.

How the Tragic Event Happened

On Dec. 18, 2006, a mother was admitted to Bronx Lebanon Hospital when she was 30 weeks pregnant. It was a high-risk pregnancy due to high blood pressure (preeclampsia) for which the best practice is to deliver the baby as soon as possible. But the hospital delayed the treatment even when signs of fetal stress became apparent. Furthermore, the hospital delayed performing a "stat" c-section.

Many different doctors were treating the mother during her time at the hospital. When the c-section was finally started, the mother's anesthesia wore off prematurely. The anesthesiologist then tried to make an airway for the patient via intubation, but her abdomen started filling up with air, as testified by the surgeon. That indicated that the intubation had not been done correctly, and even the anesthesiologist failed to detect it on time.

The patient coded twice and was subsequently left brain-damaged. The brain injuries caused the mother’s death in Sep. 2012. The baby was also left brain-damaged due to the delay in delivery.

The jury ordered the hospital and the anesthesiologist to pay the family for the mother’s pain and suffering for almost six years. She was allegedly in a vegetative state to which the defendants claimed that she had no awareness and could not have felt pain. But the plaintiffs were successful in proving that she was on pain medication and would grimace when touched.

The brain-damaged baby was also compensated for the loss of parental guidance, support, and nurturing. The mother also has two other children: an adopted child with neurological injuries and an adult child.

The court ordered compensation for the adopted child for loss of parental guidance, support, and nurturing. The adult child got compensated for the loss of primary emotional support. The husband waived the damages for loss of consortium upon settlement.

The mother and baby were represented by separate lawyers because of a supposed dispute between the surviving husband (a convicted felon) and the mother's family. Thus the mother's sister represented her in court while the husband represented the child as the guardian.

The Legal Aspect

Events of medical malpractice are widespread in NYC. If you have fallen victim to medical negligence, you reserve the right to press charges against the responsible hospital and doctors. However, make sure to hire a medical malpractice attorney with extensive experience handling similar cases to file a strong medical malpractice lawsuit.

A reliable medical negligence lawyer will represent the victim in court so that those responsible for medical malpractice are held accountable and made to pay for their negligence - something that affects the lives of the victims and their families.

For a free review of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online.

Where do I start… As a client of a malpractice case, I did not know what to expect. However, the support from Rosenberg, Minc, Falkoff & Wolff Law firm made me feel at ease. The dedication, compassion, and overwhelming hard work that Gary Silverstein put in was undeniably AMAZING. Seeing how hard and diligent Gary worked on my case made me realize that I had the best team on my side. The support from the entire legal team was unbelievable. There were continuous updates, follow-ups, most importantly assurance of any concerns I had before and during my trial. In fact, during the trial Gary showed a vast form of knowledge, strategic and responsive thinking, and most importantly wisdom. His dedication was unbelievable, and not one time did I not feel involved. I am truly appreciative for all that Rosenberg, Minc, Falkoff & Wolff Law have done, but mostly I am appreciative of the amazing staff they have. Lorraine and Sharon played a big part in my case, and I am truly thankful for their support and hard work. I am truly happy to have been a client of Rosenberg, Minc, Falkoff & Wolff Law. I highly recommend them and will continuously refer them, Thank you RMFW!