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.

Emergency Room Malpractice - Personal Injury Lawyer NYC

A trip to the emergency room is often fraught with anxiety. In many instances, the patient is suffering from a serious injury, pain, illness or a serious condition. While the intentions of the ER staff are good, in some cases medical professionals can make errors due to negligence and lack of responsibility.

If you were a victim of emergency room malpractice, contact the personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP to discuss your case. We are highly experienced in the area of medical malpractice and can help you discover whether you have a case of medical malpractice.

Determining Medical Malpractice in an Emergency Room

Not every medical error can be considered malpractice. Physicians and other healthcare providers have an expected “standard of care.” It is only when this standard is violated can they be held liable for any damages. If they have acted as carefully as any reasonable professional might have, given the same circumstances, they have provided an acceptable standard of care and may not be liable for any problems you may have experienced subsequent to treatment.

Determining whether their handling of your case has violated the expected standard of care is the first step in establishing whether you have a case and the value of the damages you might be awarded.

What is involved in establishing medical malpractice?

There are, essentially, two steps to establishing medical malpractice:

The first is to determine what the appropriate “medical standard of care” would be for the conditions or situation, which includes making the correct diagnosis, and determining and delivering the best course of treatment.
The second is to prove that the doctor or other healthcare provider was medically negligent, meaning that he or she fell short of reaching that standard of care.

While only two steps, this is a complex undertaking, with many variables.

Examples of Medical Malpractice in the Emergency Room

Errors in emergency room care can occur at any point in the process. Perhaps the most common problem in the ER relates to the failure to diagnose or the misdiagnosis of life-threatening conditions. For example, patients with symptoms of a heart attack or stroke may be misdiagnosed and discharged. In other instances, proper X-rays scans, and MRIs are not ordered or are not read by competent personnel at the time of the emergency room visit. Such omissions result in failures to treat severe fractures, tumors and other serious conditions.

Prioritizing the order in which patients receive care is another area of potential error. This process is known as triage. It is important that nurses properly categorize patients so that those with the most urgent problems are treated before those with less pressing medical problems. Improper triage can even result in patients dying in the emergency room while awaiting care.

Some common examples of medical malpractice that may occur in the emergency room include:

A misdiagnosis, resulting in a heart attack.
A failure to admit a person to the emergency room when needed.
An extended wait for timely treatment, leading to a medical crisis.
A failure to perform the full range of tests in the emergency room, to determine whether the patient should be discharged.
A failure to consult a specialist or get an experienced opinion for a patient while in the emergency room.

Rosenberg, Minc, Falkoff & Wolff LLP Can Help You

An emergency room visit can turn even more stressful when a medical professional fails to uphold his or her standard of care, resulting in severe consequences.

If we accept your case, our New York emergency room errors lawyers and attorneys will closely review the evidence to show how the hospital's procedures or doctor's negligence were the cause of your injuries. Once we understand what happened, we will prepare a strong case designed to maximize your money damages.

If you were a victim of emergency room malpractice, contact Rosenberg, Minc, Falkoff & Wolff, LLP immediately to explore your legal options for compensation. Our initial consultation is free, and there is never a fee unless we win your case.

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!