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.

Defective Medicines and Personal Injury - Personal Injury Lawyer NY...

It is often seen that defective medicines too, can be a cause of personal injury when the victim consumed certain medication that resulted in the said injury. These injuries may also result from side effects or contra-indications about which the manufacturer issued no prior warning to the user. Such law suits are generally class action suits because they usually affect multiple plaintiffs together. Take for instance, the case of Thalidomide, a drug that was introduced to the US market to prevent and/or reduce morning sickness in pregnant women. While the drug sure tackled the condition well, soon it was seen that babies with severe physical and neurological deformities were being born all over the US. This ultimately led to a federal inquiry which revealed that the mothers of all these children had consumed the drug prior to delivery. Lawsuits were file extensively across the US and every verdict went against the manufacturer which nearly went bankrupt in having to pay compensation to all aggrieved parties. A similar case also involved a major US-based drug manufacturer, which launched an anti-hypertensive medication in the market and which subsequently became very popular. However, users soon started complaining of splitting headaches and blurred vision in some cases also just like some people are complaining about the ACA health care law and how it has affected businesses and jobs but that is another topic. Furthermore, an inquiry revealed that two of the compounds in the drug were contra-indicated to each other. Moreover, there was no specific mention of this anywhere in the product literature. A federal court not only ordered immediate withdrawal of the drug from the market but heavy compensation to all concerned.

Your rights as a victim

If you are a victim of such defective medication and are able to prove it, you will be liable for damages pertaining to all medical expenses, future earnings, lost wages, suffering & pain and/or emotional trauma caused. However, do remember that the limitations statute applies to defective drugs cases. That’s why you need to act promptly. If your case is strong enough, the guilty pharmaceuticals company may be also held liable to pay extra punitive damages as punishment to discourage such acts in future.

Hiring a lawyer

Once it has been certified by your physician that the drug indeed caused your personal injury, it’s time to immediately consult a legal representative and to take the offending party to court. The lawyer will serve a notice upon the company once he’s convinced that your case has merit and demand compensation. It is however, a long drawn process involving much paperwork, research, fact finding, expert opinion collection, and investigation. This can only be handled by those specializing in such cases and with a proven track record of success. Rosenberg, Minc, Falkoff, & Wolff or RMFW Law is one such legal firm that has helped multitudes of victims in getting fair justice in cases pertaining to personal injury arising out of defective medicines. Pick up the phone and dial 212-344-1000. We are always at your service. Following our first free consultation, we’ll take care of the entire procedure – fact finding, negotiating, filing, and representation in a relevant court of law, if the need arises. No one works like RMFW Law for their clients. We have won millions of dollars for passed clients and you too can be on this amazing list. Call us today! We want to hear what you have to say.

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!