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Medical Malpractice

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More people die each year in the United States from medical errors than highway accidents, breast cancer and AIDS.

Medical malpractice and medical negligence are currently the third leading cause of death in the United States.

Doctors and nurses are just like the rest of us – they sometimes make mistakes. And when caregivers make mistakes, they must be accountable for the harm they cause – just like the rest of us. We trust doctors. We need to trust them. When they violate that trust, doctors need to be held responsible.

According to a report from the Journal of the American Medical Association (JAMA), approximately 200,000 people in the United States die each year due to mistakes by medical professionals and prescription errors. These errors are described as potentially preventable. It was reported that 12,000 deaths a year result from unnecessary surgery; 7,000 deaths result from medication errors in hospitals; 20,000 deaths are caused by other hospital errors; 80,000 deaths a year result from hospital–borne infections and 106,000 deaths a year from non–error, adverse effects of medications. The study followed an earlier report that stated medical errors should be considered a national epidemic.

More then 13,000 doctors in the United States have been disciplined for serious incompetence or misconduct, including drug abuse, negligence, substandard patient care, Medicaid fraud and patient sexual abuse. According to a study by Washington Health Group, most of those physicians continue to treat patients and retain their licenses. State confidentiality laws make it nearly impossible to find out the background information on a doctor, even if that doctor has been disciplined for incompetence or negligence. Recent studies confirm that a small percentage of doctors are responsible for the vast majority of injuries caused by substandard care. This reaffirms our general perception that most doctors are good doctors, and worthy of our trust.
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Our consults on medical malpractice matters are free. We handle such matters on a contingent fee basis, which means there’s no out of pocket expense. We receive compensation out of a winning settlement, not from your pocket.

Examples of cases that we have handled or would consider handling include:

  • Anesthesia Errors
  • Brain Injuries
  • Failure to Consult
  • Failure to Diagnose Cancer or Illness
  • Failure to Monitor
  • Failure to Stabilize
  • Failure to Treat
  • Gastric Bypass
  • HMO/Insurance Claims
  • Hospital Infections

Birth Injuries

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Statistics show that approximately 27 of every 1000 births in the United States results in a birth injury. A “birth injury” is defined as any type of damage to an infant’s body before, during or just after birth.

Complications in the process of pregnancy, labor and delivery can result in a wide variety of complications for a newborn baby. Birth injuries vary greatly – from very minor to being so severe as to cause the death of the infant.

Some common types of birth injuries include skin irritations, temporary paralysis, fractured collar bone, fractured arm; cerebral palsy; brain damage; Erb’s palsy and brachial plexus palsy. The most serious injuries involve damage to the infant’s head, causing brain damage, traumatic brain injury, seizures and mental retardation. These brain injuries are caused by oxygen deprivation or bleeding inside the brain resulting from trauma during pregnancy, labor or delivery.

There are many “natural” circumstances wherein oxygen deprivation can occur during the labor and delivery process: the umbilical cord become compressed or twisted in the birth process, the baby is too large to pass through the birth canal easily, or the baby is breach or sideways in the womb.

There are also many circumstances where brain damage or brain injuries are caused by mistakes made by doctors, hospitals or other medical professionals during the delivery process.

Examples of such circumstances are: (1) a delay in performing a necessary C–section delivery, (2) complications because of VBAC (Vaginal Birth After C–section) delivery resulting in uterine rupture, (3) use of excessive force during delivery, (4) a miscalculation in the size of the baby, causing a traumatic delivery, etc.

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An experienced birth injury lawyer should be consulted if your infant has suffered a birth trauma and you suspect those injuries were caused by medical negligence. The attorney should be consulted immediately after birth, even if the extent of the injuries and damages are not yet known. Unfortunately, doctors and hospitals will almost never admit fault or offer to pay reasonable damages to cover even the least likely economic loss from an injury. Appropriate discovery is essential to knowing whether you have a legal case, and what the likely lifetime costs associated with any permanent injury will be.

Therefore, it is important to consult an experienced birth injury attorney early because records and other information that are vital to knowing whether negligence occurred might be lost over time. Frequently, hospitals and doctors will destroy or lose records within months of the delivery. Also, important witnesses such as nurses and therapist will forget details or move, making it difficult to recover essential facts. Further, almost any time there is bad result to a patient, the hospital personnel and doctors will meet with their own lawyers to begin formulating a strategy to defend any potential case. Time is an important ally to both sides.

Examples of cases that we have handled or would consider handling include:

  • Brain Damage
  • Cerebral Palsy
  • Erb’s Palsy
  • Mental Retardation
  • Brachial Plexus Palsy
  • Incorrect Treatment
  • Medication Errors
  • Nursing Home Abuse
  • Paraplegia
  • Plastic Surgery
  • Quadriplegia
  • Spinal Cord Injuries
  • Surgical Errors
  • Surgical Staples
  • Unnecessary Procedures / Lack of Consent
  • Wrong-Site Surgery
  • Wrongful Death

Our initial medical malpractice consults are free and handled on a contingent fee basis.

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