Suing a Doctor: The Basics of a Medical Malpractice Case

Did your doctor recently commit medical malpractice?

Medical errors are the third leading cause of death in the United States. 

If your doctor has committed malpractice, you're entitled to
compensation. If you plan on suing a doctor, you need to know some basic
information. Check out all you need to know about medical malpractice.

What Is Medical Malpractice?

Medical malpractice is
a legal cause of action that occurs when a medical professional
deviates from the standard of care. A medical professional is liable for
injuries that occur when they neglect or don't provide the care that
their patient requires.

Malpractice can be difficult to prove so it's important to have an experienced attorney to guide you through the process. The medical malpractice
field of law exists to help individuals recover compensation from any
injuries that result from not being given the proper standard of care. 

What are the Different Types of Malpractice?

Not all medical malpractice suits are the same. There are several different types of malpractice. 

  • Surgical errors
  • Misdiagnosis
  • Prescription drug errors
  • Failure or refusal to treat
  • Birth-related errors
  • Neglect

Let's take an in-depth look at the different ways a doctor can commit medical malpractice.

Surgical Errors

Surgical errors can occur in a few different ways. The doctor may
perform surgery on the wrong site. They can ever perform surgery on the
incorrect patient. Surgical errors can also include carelessly leaving
sponges or other objects inside a patient during surgery.

Anesthesia errors also fall under surgical malpractice. A patient may
be given the wrong type of anesthesia. Some patients have certain
allergies that prevent them from receiving certain types of anesthesia.

Misdiagnosis

A medical misdiagnosis happens when a doctor incorrectly diagnoses a
patient or not diagnosing them. This is a very common medical mistake.
Depending on the type of misdiagnosis, the consequences could be
life-threatening to the patient.

Prescription Drug Errors

Another common medical mistake involves prescription drugs. A doctor
can prescribe the wrong medication for a patient. A pharmacy may fill
the prescription incorrectly or give the wrong medication. 

Failure to note patient allergies or the possible side effects of
mixing a particular medicine with a patient's other medicines can be
catastrophic. This is one reason it's so important for medical
professionals to know a patient's full and complete medical history
prior to administering medications.

Failure or Refusal to Treat

If a doctor fails to properly treat or even refuses to treat a
patient, they could be sued for medical malpractice. There is a certain standard of care that a doctor needs to provide to their patients.

There are circumstances where a doctor can refuse to treat a patient.
For example, if a doctor or hospital has a religious objection to
abortion, they can refuse to perform the procedure.

State and federal laws differ when it comes to malpractice. However,
in some cases, refusal to treat can lead to medical malpractice. If you
were refused treatment and you have been told by a reputable medical
professional that you should have received treatment, you may have a
basis for a malpractice suit.

Failure to treat can occur when a doctor fails to properly treat a
patient after correctly diagnosing them. This can also include
discharging a patient too soon and improper follow-up care. All these
things can lead to injury or worsening of patient conditions.

Birth-Related Errors

Improper care during and after pregnancy can contribute to
birth-related errors. This includes medical negligence to the baby
and/or mother. Types of birth-related errors include:

  • bone fractures
  • surgical negligence during cesarean section
  • nerve damage
  • spinal injury
  • cerebral palsy from an unnecessary, delayed cesarean section

Pregnancies are complex. Some of these injuries can occur even
when everything is done to the best of the doctor's ability. However, if
it can be proven that any of these injuries were a result of doctor
negligence, then you may be able to file a medical malpractice suit.

It's important to note that a defense attorney may argue that the
birth injury is, in fact, a birth defect. The two terms may sound
similar, but they are very different.

A birth defect means that your child was genetically predisposed to
the injury or disability. A birth injury is something that occurs during
birth. It wouldn't normally occur in a typical, healthy baby.

Neglect

Neglect is a common reason for medical malpractice suits. This
happens when medical professionals simply do not provide a patient with
proper care. Neglect often occurs in nursing homes.
Nursing home patients may develop bed sores or malnutrition. Neglect
also happens when a patient doesn't receive the proper medication.

Suing a Doctor

Now, you may be wondering how to sue a doctor. There are certain
basic requirements that must be met in order to follow through with a
medical malpractice suit. 

You must be able to prove that the doctor-patient relationship
actually existed. This is easily proved as such relationships are
documented within the medical facility.

You then must be able to prove that the doctor or medical
professional was indeed negligent. Did the doctor cause an injury that a
competent medical professional would not have caused? Was your injury a
direct result of the doctor's negligence?

You also have to be able to prove that the injury caused
specific damages. Did you experience loss of wages because you were
unable to work? Have you experienced mental distress? Have you endured
additional medical bills as a result of the injury?

Finally, you should be aware of your state's statute of limitations.
What is the specific deadline for filing a medical malpractice suit? If
you are ever uncertain about the statute of limitations or anything
else, contact a credible and qualified medical malpractice lawyer.

Get the Help You Need

When it comes to suing a doctor, you want to know your rights and
options. When proper medical malpractice suits against doctors are
filed, those injured may receive compensation to cover medical bills,
lost wages, and medical care.

Are you ready to find legal counsel who can represent you well during a medical malpractice suit? Contact us today to get a medical malpractice lawyer who will help you get the compensation you deserve.


The Causes and Effects of a Traumatic Brain Injury

Every year, nearly three million
people visit the emergency room because they're experiencing symptoms
related to a traumatic brain injury (TBI). TBIs also contribute
to approximately 30 percent of all injury deaths.

If you or someone you love has experienced a TBI, it's important to educate yourself on them.

If the injury was the result of an accident, such as a slip-and-fall
or a car accident, you may be entitled to compensation for your injury.

Read on to learn more about the causes and effects of TBI and gain
some insight into whether or not a personal injury lawsuit is a good
approach for you.

What is a Traumatic Brain Injury?

First things first, let's clarify what a traumatic brain injury is.

A traumatic brain injury is a type of injury that occurs when someone
experiences some sort of trauma to their head. This trauma may come in
the form of a blow, a jolt, or a penetration wound.

Traumatic brain injuries range from mild to severe. Mild TBIs are
temporary and may not cause any lasting damage to the brain cells.

The more severe a TBI is, though, the great the chance there is of
experiencing long-term damage (bleeding, torn tissues, bruising, etc.).
Severe TBIs can even be fatal.

Causes and Effects of TBI

You know that a TBI is brought on by some sort of trauma.

What are the most common traumas associated with this injury, though? And, how can you tell if someone actually has a TBI?

Common Causes of TBI

Some forms of trauma that are associated with TBI include:

  • Falls: These falls can be from a bed, from a ladder, down the
    stairs, in the bathroom, or any other location; falls are most common in
    the elderly and young children.
  • Vehicle collisions: They may involve cars, bicycles, motorcycles, and/or pedestrians.
  • Violence: Gunshot wounds, child abuse, and domestic violence can all cause TBI.
  • Sports injuries: TBI is most common in sports like soccer, football, lacrosse, boxing, baseball, skateboarding, and hockey.
  • Penetrating wounds: TBI can also occur when someone experiences a
    severe blow and an object like debris or shrapnel penetrates the head.

These are not the only causes of TBI, of course. But, they are some of the most well-known.

Effects of Mild TBI

After the trauma, the individual will likely experience a variety of
physical, cognitive, and sensory symptoms. The severity of these
symptoms will vary depending on the severity of the trauma.

If someone experiences a mild TBI, they will experience some, if not all, of the following physical symptoms:

  • Loss of consciousness for anywhere from a few seconds to a few minutes
  • A dazed, confused or disoriented state
  • Headaches
  • Nausea and/or vomiting
  • Fatigue and/or drowsiness
  • Speech problems
  • Sleeping difficulties
  • Dizziness or a loss of balance

They may also experience sensory symptoms like blurred vision, a
ringing sensation in the ears, or a bad taste in their mouth. They may
be sensitive to light or sound as well.

Common cognitive symptoms include difficulty focusing or remembering.
They may also experience mood swings or feelings of depression or
anxiety.

Effects of Moderate-to-Severe TBI

If someone experiences a moderate-to-severe TBI, their symptoms will also be more severe.

Common physical symptoms include:

  • Loss of consciousness for anywhere from several minutes to several hours
  • A headache that lasts for a long time or gets worse over time
  • Frequent vomiting and/or nausea
  • Seizures
  • Dilation of one or both of the pupils
  • Clear fluids leaking from the ears or nose
  • An inability to wake up after falling asleep
  • Weakness or a loss of feeling in the fingers and/or toes
  • A loss of coordination

The sensory symptoms associated with a moderate-to-severe TBI
are similar to the sensory symptoms one might experience following a
mild TBI. 

As for cognitive symptoms, profound confusion is common, as is
unusually aggressive or combative behavior. They may also experience
slurred speech, or they could slip into a coma or experience another
consciousness disorder.

What to do if You've Experienced a TBI

If you think you've experienced a traumatic brain injury, you must see a doctor as soon as possible.

Not only will seeing a doctor allow you to get an official diagnosis,
but you will be able to get the treatment you need. And, you'll be less
likely to experience complications related to your injury.

If your TBI was related to an accident like a slip-and-fall, a
vehicle-related collision, or some form of violence, you may also be
entitled to compensation. In order to get the compensation you deserve,
you may want to hire a personal injury lawyer.

If you do decide to seek legal counsel, start looking for a lawyer as
soon as possible. Most states have limits on how long you can wait
before you file a lawsuit after you experience a TBI.

How to Find the Right Personal Injury Lawyer

If you're interested in hiring a personal injury lawyer to help you
get compensation for your TBI, these tips can help you ensure you're
hiring the right person:

  • Work with a company like Find Injury Law that vets legal firms
    and helps you find highly qualified lawyers who can get you the highest
    possible compensation
  • Make sure the lawyer you see for your consultation is the lawyer with whom you will actually be working
  • Do some research into your potential lawyer to learn about their reviews and what past clients are saying about them
  • Pay attention to the chemistry between you and your potential lawyer

This last point is especially important. Do they speak in a way
that you can understand? Are they patient and willing to answer your
questions? 

Hire a Personal Injury Lawyer Today

Now that you know more about the causes and effects of TBI, you can
use that information to help you get the compensation you deserve after
your accident. 

Have you or someone you love recently experienced a TBI? Do you need help with a personal injury claim?

If you live in or around New York, New Jersey, or Pennsylvania, we can help at Find Injury Law. 

Contact us today to
learn more about our services or to schedule a free consultation with an
experienced, qualified personal injury attorney.


How does standard of care relate to medical malpractice cases?

If a New York resident suspects they have left a hospital with a worsened condition than what they went into the hospital with, they may find that they have become the victims of medical malpractice. A medical malpractice suit means that a medical professional did not treat their patients with the standard of care owed to them. But it might not be clear to the victim what the term "standard of care" means. Understanding what the standard of care is can go a long way in educating one about what to expect from a medical professional.

The standard of care that is owed to a patient by a medical professional refers to the level of care, skill and expertise that is to be possessed by physicians in a similar community and acting under similar circumstances. What does this mean? It means that if a doctor did not behave in the way that is expected of someone acting in his or her field, that doctor can be held liable for any harm caused. Holding someone to a standard of care means that doctors are expected to act in a way consistent with the expectations of the medical community.

There is a caveat of general or specialized knowledge. For example, a general physician will be expected to have a basic skill and knowledge of treating general or recurring illnesses, and a specialist cannot argue that the general physician should have done what the specialist would have done. Additionally, under the locality rule, a specialist in a private practice in a small town cannot be held to the same standard of care as a specialist in a university teaching hospital with the latest technology.

Even where it might be clear that someone has breached the standard of care owed to a patient, it might be difficult to get one medical professional to testify against another -- the threat of medical malpractice often causes the medical community to close ranks. But an experienced attorney knows various strategies to get the ball rolling to get doctors to come forward.


Drowsy driving remains a problem among many people

Drowsy driving remains a
major problem among many people, with some not realizing just how
dangerous it is. The tricky thing about drowsy driving is that it can
hit in an instant. One second you're feeling okay, but the next you're
too tired to be behind the wheel.

There are many reasons why drowsy driving is a problem, including the following:

  • It slows reaction time, thus making it difficult to make split-second decisions
  • Makes you less likely to pay attention to the road ahead and cars around you
  • Affects your ability to maintain good judgment

According
to the Centers for Disease Control and Prevention, approximately one
out of 25 adult drivers report having fallen asleep while at the wheel
over the past 30 days. To add to this, tens of thousands of accidents,
injuries and deaths are related to drowsy driving every year.

Who drives drowsy?

Anyone
can fall prey to drowsy driving, so it's critical to keep a close watch
on your level of alertness at all times. Some of the people who are
more likely to fall asleep at the wheel include:

  • Anyone who does not get the proper amount of sleep
  • Commercial drivers who spend many consecutive hours behind the wheel
  • Shift workers, such as those who work at night
  • Anyone who takes medication that could cause drowsiness
  • Anyone with a sleep disorder

Here are some of the warning signs that you may be driving drowsy:

  • An inability to keep your vehicle in its lane of travel
  • Difficulty remembering the recent past, such as the last few miles on the road
  • Blinking and yawning
  • Missing your exit
  • Hitting an object on the side of the road

If
you have any reason to believe you're too tired to drive, move to
safety and stop your vehicle. From there, you can make note of your
condition and decide what to do next.

Just as you can become
drowsy when driving, the same holds true of others on the road. If
another driver strikes your vehicle, perhaps because they fell asleep,
call 911 and let police take over the scene. Also, receive immediate
medical treatment and contact your insurance company as soon as
possible. Doing all these things will help you protect your legal
rights.


Where do you go if someone else injures you?

One instant a New York
resident is likely driving down the road or entering a store, going
about their business with no more than the usual concerns on their mind.
The next instant, a personal injury, through either a car accident, a
slip and fall on someone else's property or a medical mistake, can
potentially plunge an accident victim's life into turmoil and
uncertainty. No one actually plans to get hurt, which is why one usually
doesn't have a financial or emotional plan in place.

As medical
bills pile up and accident victims unable to work because of the
injuries they sustained in the accident, New York victims may find
themselves uncertain about how to proceed, if at all. However, there a
number of legal options that can be exercised to recover the finances
necessary to make ends meet and cover medical expenses that were caused
by someone else's negligence. The question that then arises is who will
help recover that compensation?

Without any experience in the
legal field, which not many have, people may not know which professional
to turn to in order get reliable and experienced legal help. The Find
Injury Law Firm does just that-it gets accident victims in touch with
the law firm that would be best suited to deal with their specific type
of injury and to help them in their unique circumstances.

The founding attorney, with his 30 years of experience, has an in-depth knowledge of personal injury law and uses it for the benefit of his clients. No two injuries are the same, no two experiences are the same and thus no two solutions should be the same. For more on personal injury, visit our website.


Dog bite laws in New York

Dogs may be man's best friend but there are times when man's best friend turns on him or her as well. When a dog bites someone, the dog owner may become liable for the injuries that have been caused to the victim, depending both on the laws of the state and on the danger level of the dog in question.

There are two approaches states
take-strict liability or one bite rule. Strict liability means that the
owner is responsible for all harm that a dog causes, regardless of
whether they think the dog was dangerous or not. The one-bite rule means
that if the owner had no knowledge that the dog was dangerous, he or
she will not be held liable for harm caused. New York is a mixed state
in this regard-it applies both these approaches.

When it comes to
a dangerous animal, which could be an animal that has injured or
attacked someone or an animal that behaves in a manner that would cause a
reasonable person to think the dog is dangerous, then strict liability
arises. This means that owners of any pets or livestock would become
liable for any harm caused by that animal. If the dog is not dangerous,
then liability may not arise unless it can be shown that the dog was not
leashed properly or was not kept in a secure location.

It is possible to get both economic and noneconomic damages from the owner of the dog or animal that has caused personal injury to someone in New York. Getting bitten by an animal, especially by a dog, can be an incredibly traumatic experience for an individual, in addition to a painful one. Speaking to an experienced attorney may be one way to explore legal options available after someone has been bitten.


What to look for in a personal injury attorney

If you are injured in an
accident, there may come a time when you want to learn more about your
legal rights. While you can do some research on your own, there's no
replacement for consulting with an experienced personal injury attorney.

With
the right legal team on your side, you'll better understand your
rights, how to proceed and what you can expect from your case.

Since
there may be many personal injury attorneys willing to take on your
case, it's imperative to know what to look for when making a final
decision. Here are five details to consider:

  • Knowledge and experience:
    There is no replacement for knowledge and experience, so you want to
    consult with a personal injury attorney who has had success with your
    type of case in the past.
  • Contingency fee: You
    should only work with a personal injury attorney who will take on your
    case for a contingency fee. This means that you only pay if the attorney
    wins your case.
  • Investigative team: While
    it's important to find an experienced personal injury attorney, learn
    more about their team as well. For example, a good investigative team
    can be the difference between winning and losing your case.
  • Objectivity:
    You want your attorney to be on your side, but, at the same time, you
    expect honesty. An objective attorney is one who will listen to the
    details of your case, provide honest feedback and give you clear
    direction as to what you can and can't do.
  • Track record of success:
    You don't want to hire a personal injury attorney who hasn't had much
    success in the past. Instead, find someone who has reached many
    settlements and won cases through jury verdicts. You'll feel much better
    about your ability to obtain compensation when you hire an attorney
    with a strong track record.

These may not be the only things
to look for in a personal injury attorney, but focusing on these
details will ensure that you're on the right track.

There are many reasons to hire a personal injury attorney, such as if you were injured in a car crash or construction site accident. Once you make a connection, let your legal team take over and do what's best for you.


Spare tire flies off truck, causing fatal accident

A truck driver may be behind the wheel when an accident takes place but not all situations are under their control. When the accident is not caused by negligence but rather with the vehicle's maintenance, then the trucking company may also be responsible for the injuries and destruction caused. It is the company's duty to ensure that the truck driver not only drives responsibly but is also given a vehicle that is properly maintained.

When a truck is not driven or maintained properly, it could be equal to a deadly weapon. Its mass and weight make it a force to be reckoned with if it is not driven correctly. It doesn't help that the majority of other vehicles on the road are passenger vehicles that can be crushed under the truck's size. A recent fatal accident in New York may highlight this discrepancy.

A 64-year-old civilian employee of the city's police department was killed in an accident on a local freeway recently. He was driving in the early morning hours when the spare tire of a garbage truck going in the opposite direction suddenly became unhinged. It flew over the median, hit and smashed the windshield of the car driven by the 64-year-old, causing it to collide into the divider. The accident victim suffered severe head trauma and was pronounced dead at the hospital.

If you or a loved one have been injured in an accident caused by another driver, you may be able to recover compensation for your injuries. A personal injury attorney should be able to discuss options with those who are looking for compensation for their injuries.


Understanding the duty of care in medical malpractice cases

Medical malpractice claims are important for victims to understand, which is why understanding the elements of a medical malpractice claim is also helpful. Although the laws regarding medical malpractice may vary somewhat by state, the doctor's duty of care is always a part of a medical malpractice claim.

medical malpractice claim may allow a victim or their family to recover compensation for the physical, financial and emotional injuries they have suffered because of the negligence of a doctor, medical care professional or hospital. In all circumstances, a doctor or other medical care professional owes the victim a duty of care, which is usually referred to as the standard of care.

The standard of care refers to what a reasonable doctor or medical care professional in similar circumstances would have done. If the standard of care delivered by the doctor to the victim fell below that threshold, the doctor may be liable for medical malpractice. The doctor owes a duty to act as a reasonably prudent doctor would in the circumstances. To determine what the standard of care would be, the court may evaluate the differential diagnosis and determine whether the doctor carefully reviewed the patient's medical history and symptoms, examine what tests were ordered and if they were correctly interpreted, along with other considerations.

Medical malpractice can result in a worsened condition for the victim or the loss of a loved one for family members. As a result, it is necessary to be familiar with medical malpractice rights and protections and know what to do if you are harmed by the negligence of a doctor or other medical care provider.


Brooklyn car accidents kills 1, injures others

Legal protections are available for victims of negligent drivers and their families. A fatal car accident in Brooklyn recently claimed the life of one man and injured two others. The accident occurred when a SUV travelling the wrong direction collided with another vehicle. A 27-year old passenger in the vehicle that was hit by the wrong-way driver was killed in the accident. Another passenger, a 29-year old woman, was injured, and the driver of the vehicle that was struck, a 20-year old man, was also injured in the car accident. Both were taken to local hospitals for medical treatment.

The 50-year old wrong-way driver has been charged with manslaughter, vehicular manslaughter, three counts of vehicular assault, driving while intoxicated and driving while ability impaired. In addition to criminal consequences that drivers may sometimes face, they may also face civil consequences through a personal injury claim for damages brought by victims or their families. In many instances, the criminal charges may be used as evidence of negligence.

When a negligent driver has wrongfully caused death or injury, they may be liable to compensate injured victims or family members of victims wrongfully killed for the physical, financial and emotional damages they have suffered. Following a motor vehicle accident, a personal injury claim for damages may be brought to recover medical expenses, lost wages and pain and suffering damages or a wrongful death claim for damages may be brought to recover compensation for medical and funeral expenses, loss of support and services and other damages as well.

Knowing how to respond when harmed by a negligent driver is important for victims and their families. They should be familiar with the legal options and protections available to them during a difficult time.