A doctor at Planned Parenthood League of Massachusetts has been named in a lawsuit filed by a woman who received treatment at the center. The lawsuit claims that the doctor botched her abortion in April 2004 and that she did not know she was still pregnant until about six weeks before her daughter was born later that year.
The idea of medical malpractice is certainly an unpleasant one. Patients would like to believe that doctors are committed—perhaps even perfect in their practice. Hearing the news that you or a family member has suffered serious injury because of a medical error can be distressing. You may feel one or both extremes, either believing that the hospital is responsible for the medical malpractice or that there is absolutely nothing you can do.
The truth is that doctors can make mistakes and some medical errors are nobody’s fault. However, medical malpractice involves a degree of negligence. Namely, that the medical professional had an obligation to provide care to the patient in the form of diagnosis and treatment, and breached that trust. Medical malpractice may involve any number of individual factors, including delaying treatment or diagnosis, using faulty equipment or performing while under the influence of drugs or alcohol.
What are some examples of surgeries and other medical conditions and situations that can lead to a malpractice lawsuit? The delaying of diagnosis or treatment in heart attack cases is not only a common problem but also the leading malpractice claim in the country. Birth injuries may be a cause of malpractice if the doctor acted negligently in treatment or surgery. Botched breast implant operations as well as elder abuse and prescription drug malpractice also have a higher number of claims.
However, taking a medical malpractice case to court, and prevailing for significant damages, can be a challenge. Questioning the practice of a credentialed doctor can be an uphill battle, since the doctor has a long list of friends willing to vouch for his or her professionalism. This is why consulting a qualified and experienced New York malpractice attorney is a must.
What determines a medical malpractice in New York? You cannot take a respected doctor to court only because of a medical tragedy. Bad things do happen, and sometimes even doctors can make mistakes. However, medical malpractice is beyond a mistake. This is a mistake that results from negligence and one that could have been prevented if proper, obligated care was given to a patient.
You must establish to an attorney, and later to a court, that a medical professional was responsible for the injury or loss of life. A medical professional can include a doctor, a pharmacist or a hospital. A lawyer has to prove that the injuries would not have resulted naturally, but occurred because of the negligent treatment. He or she also has to prove that the negligent care was below the minimum standard of care. After all, perfection in medical care is not a requirement.
Here are a series of questions that can help you determine if you may have a medical malpractice claim:
Your answers to these questions may prove to be telling in analyzing your NY medical malpractice case. Remember that you have the right to speak to a malpractice attorney regarding your options even if you don’t go to court.
If you or a family member has been injured as the result of a medical error then you may be entitled to a medical malpractice claim. However, the law can be complex, because doctors have rights just as patients do. Therefore, it has to be proven that some form of negligence is involved. Consider some of the aspects of a medical malpractice claim.
The plaintiff of a medical malpractice claim can be an injured patient or a legally designated party acting on behalf of a deceased relative. The defendant is the health care provider, and can include any type of professional from a family physician to a psychologist, dentist, nurse, therapist or an entire hospital. The job of the attorney in a malpractice case will be to establish four elements.
First, that a duty was owed to the plaintiff, meaning that the patient was under the hospital’s care. Secondly, that the duty was breached, because the doctor failed to conform to the “standard” of care. Standard care is not perfect medical practice, nor is there a universally accepted level of care. What should be standard care is determined by “relevancy” in the case, and may involve expert testimony explaining how the professional’s actions were not only in error but also negligent of his or her practice. Third, it must be proven that the injury was caused by the breach of duty—in fact, the injury would not have occurred naturally if not for the malpractice. Fourth and finally, there must be damages established as regards medical expenses, lost wages or even emotional distress. Without provable damages there is no case.
The plaintiff will have the burden of proof, and the acting attorney must prove all of these elements to a jury. Most medical malpractice attorneys offer free consultations to clients who have been injured as the result of medical treatment. Even if you are not sure that a negligent medical error has occurred you still have the right to consult legal counsel, so that you can understand your options. Contact a New York attorney to determine your individual situation.
Eufemia Martinez died from a botched gastric-bypass surgery. Not only was the surgery botched, it wasn’t even necessary.
“You heard about predatory lending? This was predatory medicine,” the lawyer said. “This surgery is a surgery of last resort. It’s not a cosmetic procedure.”
Martinez’s sons were represented by Trolman, Glaser & Lichtman, a New York Law Firm that specialized in Medical Malpractice. When asked about the the case, it was reported that:
The Bronx mom stood 5-foot-6 and weighed 230 pounds. But the doctor “changed the records” to make her height 5-foot-3 so she could be considered morbidly obese to medically require the surgery, Lichtman said.
Her two sons were awarded $17 million from North General and the doctor involved with the surgery. The New York Post has the full story in their artice, Just Desserts.
The Five Towns Jewish Times had an excellent article that outlined how to protect yourself during your hospital stay.
This documents all the rights to which patients are entitled, including the right to be kept apprised of medical care and the right to a safe, clean environment.
It is not unusual for medical staff to be too busy to speak to patients. If you feel someone is not giving you the answers you request, ask to speak to someone else (a supervisor or patient advocate).
If you know what medications you are supposed to be on and a nurse comes in offering something “new,” have them double-check your chart just to make sure you are getting the correct medication and dosage.
This may mean being perceived as a “pain,” but keep on top of your own care; medications, treatments, and tests all create the potential for errors.
Remember, you always have the right to ask for a second opinion and even a third if you do not agree with the answers provided. Sometimes the worst errors occur when one merely parrots what his predecessor says.
It’s hard to believe, but more deaths come from medical errors than deaths from car accidents, breast cancer and AIDS.
In 2000, the Institute of Medicine concluded that medical errors account for more deaths than motor-vehicle accidents per year. The study called for improvements in the medical profession and found the following:
• Preventable adverse events are a leading cause of death in the United States. When extrapolated to the more than 33.6 million admissions to U.S. hospitals, the results of these two studies imply that at least 44,000 and perhaps as many as 98,000 Americans die in the hospital each year as a result of medical errors. Even when using the lower estimate, deaths in the hospital due to preventable adverse events exceed the number attributable to motor-vehicle accidents (43,458), breast cancer (42,297), or AIDS (16,516).
• Sizable numbers of Americans are harmed as a result of medical errors. Two studies of large samples of hospital admissions, one in New York and another in Colorado, found that the proportion of hospital admissions experiencing an adverse event, defined as injuries caused by medical management, were 2.9 and 3.7 percent, respectively. The proportion of adverse events attributable to errors (i.e., preventable adverse events) was 58 percent in New York and 53 percent in Colorado
A recent study conducted at the Washington University School of Medicine in St. Louis questions the effectiveness of brain monitors used to prevent anesthesia awareness.
Anesthesia awareness is a rare condition where patient remain awake and feel pain while in surgery.
Newsday listed what they feel are David Paterson’s Long Island to-do list. Among the many todos, deal with the ongoing medical malpractice issue. Specifically, implement reforms that reflect the needs of all involved.
Making sure medical malpractice insurance is affordable for the state’s doctors is a real challenge. With obstetricians on Long Island already paying, on average, $177,880 a year, double-digit premium increases could drive doctors to relocate.
There are signs that the debate has moved beyond the fight over capping noneconomic damages awarded in lawsuits. That’s progress. The state needs nuanced reforms that reflect the concerns of consumers, insurance companies, doctors and patients harmed as a result of negligent care. It’s a tall order.
A couple from New York recently won a medical malpractice suit filed against a doctor whose mistake allegedly led to the man’s stroke.
The husband and wife were reportedly awarded $1.87 million in the suit.
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