What happens when victims have been incorrectly diagnosed?

As this blog recently discussed, medical malpractice protections are an important legal resource for victims of medical negligence and doctor error. But what happens if the patient was not diagnosed correctly? Medical malpractice protections also extend to circumstances when there has been an erroneous diagnosis and can help in those situations as well.

In circumstances of a failure to diagnose, erroneous diagnosis or delayed diagnosis, victims may also be able to pursue medical malpractice protections because the medical care provider may have violated their standard of care in failing to diagnose the patient's medical condition or failing to do so properly. If the medical care professional failed to consider a diagnosis that another medical care professional would have reasonably considered in the circumstances, or failed to order the correct tests of interpret them correctly, they may be liable for medical malpractice.

If the medical care professional simply fails to consider the victim's symptoms, or dismisses them, they may be considered medically negligent and liable for medical malpractice damages. When the failure to diagnose, erroneous diagnosis or delayed diagnosis results in a worsening condition for the victim, they may be able to pursue damages against the negligent medical care provider. Failure to treat or treating the wrong medical condition because of doctor error can result in additional harm to the victim.

Medical malpractice protections protect victims who have been incorrectly diagnosed or have otherwise suffered harm because of the negligence of a medical care provider. It is important for victims of medical malpractice and their families to be familiar with this complex area of the law to understand the variety of legal options that may be available to them when harmed.

Protections for victims of medical malpractice and their families

Medical malpractice can be a serious concern for patients and their families if the trust they have placed in their medical care is violated. Victims and their families who have suffered harm as a result of medical malpractice may have a claim for damages based on the liability of their medical care provider for the harm they have suffered.

When a medical care provider, including a medical professional, hospital or even pharmaceutical company in some circumstances, has negligently caused harm to the victim, victims and their families have important legal options to protect them. A medical error can result in serious harm, and may result in death, to the victim. Medical malpractice can occur in the diagnosis, treatment or care of an illness and result in devastating consequences for the victim.

To determine if the medical care provider or other medical professional was negligent in their care of the victim, the court will evaluate if the medical professional deviated from generally accepted standards of care; if a hospital engaged in inadequate care or poor training of its staff; and may look to regulatory authorities. In general, the question to ask is if a reasonably prudent medical care provider in similar circumstances would have acted in the same way.

A claim for medical malpractice can include a personal injury or wrongful death claim to help victims and their families seek damages. Damages may include physical, financial and emotional damages which may all be available through a medical malpractice claim for damages. Because medical malpractice claims can be complex, it is important for victims and their families to thoroughly understand their options when harmed.

What prompts the most medical malpractice claims?

Medicine is a complicated field. Every part or system of the body has its own specialists. Patients seeking care with what he or she thought was a common cold have been known to be redirected through a whole series of procedures and experts, only to come up dry on an accurate diagnosis. Sometimes those delays resulted in the patient becoming sicker or even dying.

That's perhaps the stereotypical narrative many in New York city embrace when they imagine filing a medical malpractice claim. The reality is that the basis of medical malpractice rests in the concept of a failure to deliver an expected standard of care. And under that rubric, a wide range of issues can serve as the foundation of a claim. The question then becomes how to find an attorney and assess the merits of the case.

What follows is a brief list that we believe most legal experts would agree form the bases of the most frequent medical malpractice claims.

  • Breach of patient confidentiality: When you go to the doctor there are reams of documents and forms to fill out. What you might not know is that they are necessary because of the federal Health Insurance Portability and Accountability Act (HIPPA). Your health information is your business and providers are liable if they allow that information to become public and cause harm.
  • Birth injuries: For all of the thousands of years of human procreation and advances in medicine and technology, medical negligence by doctors and nurses still often result in injury to mothers and newborns. In some instances, that negligence causes wrongful death.
  • Hospital negligence: Doctors and nurses are the care delivers. They are supported by hospital staff backed by hospital policies. Inadequate policies and insufficient staffing or training can all lead to hospital errors that prompt medical malpractice claims.
  • Failed treatment, misdiagnosis, and surgical error: These account for the greatest number of malpractice claims. They represent the most egregious examples of failing to deliver the standard of care expected by reasonable persons.

It is worth to note that not all mistakes rise to the level of malpractice. Knowing when an event does or does not is something that comes with skill and experience.

Study finds big jump in SUV-pedestrian fatalities in last 8 years

SUV's are extremely popular. Between 2009 and 2016, the number of passenger vehicles registered, excluding SUVs, decreased by a little less than 1 percent. Over the same period, the number of SUVs registered grew by 37 percent. SUVs and light trucks now account for 67 percent of the American auto market.

Unfortunately, SUVs are responsible for a growing number of pedestrian fatalities. The nonprofit Insurance Institute for Highway Safety found a huge spike in fatal SUV-pedestrian collisions between 2009 and 2016.

During those eight years, fatal pedestrian crashes involving SUVs grew by 81 percent. That's 3.1-percent higher than the increase in such crashes involving all other vehicle types combined. This confirms a previously recognized trend.

"Although larger, heavier vehicles provide more protection to their occupants and thus have lower driver death rates per registered vehicle than smaller cars," according to the Institute, "previous research has found that SUVs and other light trucks and vans were associated with increased risks of severely injuring or killing pedestrians in an impact when compared with cars."

SUVs can be especially deadly to pedestrians

The basic shape of an SUV makes it more dangerous to pedestrians. Since they are taller and their front-ends are squarer, SUVs are more likely than other vehicles to strike pedestrians in the head or chest, as opposed to the legs.

One approach to reducing the risk is to "soften up" the front end of the vehicle. This could be done by adding a "pedestrian airbag" that would inflate when the vehicle hits a pedestrian, potentially preventing the pedestrian from striking the vehicle's roof pillars, which can be especially dangerous. Adding rearview cameras and brighter headlights could also help.

Other factors contributing to fatal pedestrian accidents

The study's authors don't know exactly what has caused the jump in SUV-pedestrian fatalities, but it's worth noting that fatal pedestrian crashes have themselves risen in recent years. In 2016, pedestrian deaths were at their highest rate since 1990. Per capita, the greatest increase in fatalities was among pedestrians between 20 and 69.

That could be the result of more walking among people in that age group. Between 2005 and 2015, the estimated number of Americans reporting walking as their primary mode of transportation rose from 3.3 million to 4.2 million.

According to the National Highway Traffic Safety Administration, New York City had the highest number of pedestrian fatalities in 2016.

In order to prevent these tragedies, every driver needs to be vigilant about watching for pedestrians. If you or a loved one has been hit by a car, truck or SUV, contacting a personal injury attorney can help ensure that you receive full, fair compensation for your injuries and losses.

The basics of damages in a personal injury claim

personal injury claim for damages is an important tool, as this blog recently discussed, to help victims in Brooklyn pursue compensation for the damages they have suffered because of another party's negligence. Broadly speaking, personal injury damages fall into three categories including compensation for physical, financial and emotional injuries suffered due to another party's negligence.

A personal injury claim for damages allows victims to seek help with their medical expenses, lost wages and emotional trauma. Damages for medical expenses can include ambulance fees; consultations with doctors and other health care professionals; physical or cognitive therapies; medical accessories; in-home care and treatment; and compensation for disfigurement or permanent disability. Future medical expenses may also be available in some circumstances.

Damages for financial losses can include compensation for lost wages but also for diminished earning capacity that victims may also suffer as a result of a traumatic accident. Additionally, with regards to emotional damages, victims may be able to pursue compensation for pain and suffering associated with the emotional trauma of an accident and damages for loss of affection and companionship, among other types of damages.

Damages available to victims of a traumatic accident are specific to each situation. Therefore, it is important for victims to be familiar with all the different types of damages available and how a personal injury claim applies to their unique situation and circumstances. Victims of an accident caused by another person can be left with physical, financial and emotional challenges they never expected to face. Therefore, they may be in need of the important legal protections that may be available to them.

Source: FindLaw, "What Kinds of Damages May I Claim for Car Accident Injuries?" Accessed May 15, 2018

Choosing an Injury Attorney

Would anyone select a surgeon for open-heart surgery based simply on the recommendation of his next door neighbor, relative, Google search, advertisement, or based on the convenient location of the surgeon's office?

Of course not!!!!

So why retain an injury or medical malpractice lawyer based on the above?
It is imperative that your choice of attorney be based on the recommendation of an individual familiar with the specific facts of your case who is experienced in and thoroughly familiar with the intricacies of personal injury/medical malpractice law, and who is acquainted with the most qualified attorneys that practice and specialize in those areas of law.

We, at Find Injury Law, cannot encourage you enough to select your personal injury/medical malpractice attorney based only on the recommendation of such an individual.

At Find Injury Law, we have over 30 years of excellence and experience in guiding cases to the highest qualified attorney suited specifically for the facts of your case. We base our decision on a thorough review of the specific details of the case. Our ultimate goal is to help you achieve the absolute highest monetary recovery possible. Our service is provided to you at NO EXTRA COST!

Please call us discuss your case at 1-888-888-6470 or visit our site at wwww.findinjurylaw.com.

Remember: your choice of lawyer can have an effect on the quality of your life and on the lives of your loved ones for years to come. 

What types of car accident injuries are common?

Because no two motor vehicle accidents are exactly the same, drivers never know what could happen to them in accidents with other vehicles.

The most important thing you can do is turn your immediate attention to your personal health and well-being. If you don't take this step, you could make a mistake that causes you more pain and discomfort down the road.

This leads to an important question: what types of car accident injuries are most common?

Again, there is no way of knowing what type of injuries, if any, you will suffer in a car accident. However, here is a breakdown of some of the most common:

  • Back and neck injuries. With the impact of a car accident, you always have to worry about back or neck injuries. For example, whiplash is common result when vehicles get in rear-end collisions.
  • Head and brain injuries. These are among the most serious injuries auto accident victims can suffer, as they can lead to long-term disabilities and complications. For instance, bleeding on the brain could require immediate surgery, which has the potential to cause future medical concerns.
  • Broken bones. Arms, legs, back, hips, feet and hands can all be fractured in an accident with another motor vehicle.
  • Burns and abrasions. These are not always the most serious injuries, but in some cases, they can be devastating. Both of these injuries can cause a lot of pain, not to mention plenty of follow up treatments.

It can be imperative to receive immediate medical attention following any car accident in which you're involved, either as a driver or a passenger. Even if you don't think that you are dealing with an injury, you never know until a medical professional examines you. It could also help establish that your injuries are a direct result of the car wreck and did not arise from a separate, unrelated incident.

Depending on the circumstances, e.g., your injuries and who was at fault, you may be able to take legal action to pursue financial compensation. Doing so often begins with getting a thorough review of the accident, which could give you a clear idea of the next steps to take.

Slip and falls can happen to anyone. Even the former first lady.

If you heard that former first lady Hillary Clinton was injured on a recent trip to India, certain presumptions might spring to mind. You've heard stories about India's extreme heat and pollution. You may remember the 2008 attacks on high traffic, public destinations in Mumbai. Perhaps you've seen pictures of India's dangerous driving conditions. With all of these factors in mind, it might seem to you that just going outside could put your safety in jeopardy.

It might surprise you, then, to learn that Hillary Clinton's injury wasn't incurred in any of these ways. It occurred in her own hotel room. The former first lady slipped and fell in the bathtub of the Umaid Bhawan Palace, fracturing her wrist. The incident is a reminder that injuries can happen anytime, anyplace--even under seemingly benign conditions.

Although Ms. Clinton attributes the accident to clumsiness and is not taking legal action against the hotel, it begs the question whether such an incident could warrant a premises liability lawsuit. "Premises liability" refers to the legal responsibility of a property owner to keep its guests safe from harm. If injury occurs on the property, the injured party could file a lawsuit against the owner if they can demonstrate that:

  • The owner is responsible for maintaining the property,
  • The injured party had permission to be on the property and
  • The owner did not make a good faith effort establish safe conditions.

Hotels have an obligation to provide a safe space for their guests. In the case of this accident, if the hotel failed to install handrails or anti-slip treads on the base of the tub, for example, the case could be made that the hotel was negligent in taking adequate steps to prevent injury.

We all run the risk of getting injured every day of our lives. However, if you suffer an injury on someone else's property, you may have grounds to take legal action and receive compensation.

Injuries on the way to work: Your rights in New York

Brooklyn is a beautiful area, but it would be a lie to say that it doesn't have its dangers. Sidewalks in disrepair, rough staircases and landscaping that needs attention can all create hazards that could lead to people getting injured.

As someone hurt on a walk to work, it's a good idea to know your rights concerning your injuries. If you were injured because of a property owner's negligence, then you may have a case and be able to receive compensation to cover your losses.

There are many ways to get hurt in the area. Here are a few that you need to watch out for.

1. Traffic accidents

As a pedestrian, you don't have protection against other vehicles on the roads. As a result, if a driver isn't paying attention, you could be struck and face serious or fatal injuries. To prevent this kind of crash from impacting you, always check the roadway in both directions and stay alert no matter where you are. Drivers have been known to drive onto sidewalks and into crowds. If you're paying attention, you could save yourself or someone else.

2. Damaged walkways

With construction, sidewalks and walkways sometimes end up damaged. You could slip, trip or fall on the debris or cracks. If that happens, there's a risk of serious injuries, like head injuries or broken bones.

To avoid injuries from damaged walkways or those under construction, do your best to pay attention to the areas where you're walking. Avoid looking at your phone or being distracted.

3. Animal bites

Whenever you're around others, there's a potential to be exposed to their pets. Many dogs become leash aggressive, being more prone to attack others when they're on a leash. When approaching people with pets, ask before you pet them and keep your distance if the animal is shying away or appears aggressive. If you're concerned about a pet up ahead, cross the road for safety's sake.

With so many different ways to get hurt on your walk to work, it's always a good idea to stay off your phone and to keep your eyes open for hazards. Between vehicles, environmental hazards, people and animals, there are a multitude of risks that you need to avoid. By paying attention and staying focused on your surroundings, you can prevent serious injuries and get to work without getting hurt.

Frequently asked questions: Hiring a lawyer after a crash

Being injured in a crash often means that you face a long journey back toward the life you had before the accident. In some cases, you might not ever get your life to return to how it previously was.

One area of your life that might be impacted when you are injured is your financial status. The cost of getting into an accident can be high. There are bills for doctor visits, medications, therapies and other costs related to your recovery. You might also have to purchase a new vehicle or fix the one involved in the crash.

The good news in all of this is that you may be able to get help with these financial difficulties by filing a personal injury claim. A seasoned personal injury attorney can help you learn more about this process and start the legal ball rolling. Below are a few things to remember when retaining an attorney after a crash.

Why should I hire a personal injury attorney?

The laws governing personal injury cases are complex. When you opt to make a claim for personal injuries, you must ensure that your case meets all the legal requirements. By hiring a personal injury attorney, you can take the guesswork out of the process.

Additionally, you can focus on healing while the attorney addresses the legal aspects of your case. Your lawyer can investigate the incident and work on solidifying the evidence needed to secure compensation. Many personal injury attorneys utilize consultants like accident reconstruction experts, medical personnel and other professionals to find and validate the facts of your accident claim.

How are these attorneys paid?

Most personal injury attorneys are paid on a contingency fee basis. This means they only get paid if you win your case. Instead, they keep a portion of the settlement or award. In most cases, a fee of one-third of the recovery is considered standard. Filing fees and similar costs are usually absorbed by the you, however, regardless of the outcome of the case.

What should I look for in a personal injury lawyer?

You should retain an attorney with whom you feel comfortable and confident speaking to and working with. Retaining an attorney who is equally effective in negotiating a settlement or taking your case to trial is important since you don't know how your case will get resolved. Examining the lawyer's track record in cases that are similar to yours can also help you decide if he or she is the right attorney for you.