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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
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New York City Medical Malpractice Law Blog

Common Mistakes that can Lead to Medical Malpractice Claims

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Saturday, June 25, 2016.

According to hospital records, the minimum number of deaths caused by medical accidents is 65,000 to 200,000. 25,000 to 120,000 deaths are a result of medical negligence. 0.8% to 1% of hospital patients become victims of malpractice. 2.9% of these victims file medical malpractice claims. Of these, 1/3 of 1% medical malpractice cases go to trial and 1/10 of 1% win a trial verdict in their favor.

According to hospital records, the minimum number of deaths caused by medical accidents is 65,000 to 200,000. 25,000 to 120,000 deaths are a result of medical negligence. 0.8% to 1% of hospital patients become victims of malpractice. 2.9% of these victims file medical malpractice claims. Of these, 1/3 of 1% medical malpractice cases go to trial and 1/10 of 1% win a trial verdict in their favor.

Many of the injuries that are a result of medical malpractice are preventable. The most common medical negligence errors that lead to medical malpractice claims include:

  • Treating the wrong patient - Although the hospital may have a detailed record of your medical history and scheduled treatment, any mix-up with medical charts, identification wrist bands or any other aspect of the check-in process could result in doctors treating the wrong patient. This could lead to a patient undergoing an unnecessary invasive medical procedure, receiving the wrong medications, etc.
  • Leaving objects inside the patient - You may have heard stories about doctors accidentally leaving sponges, surgical instruments, jewelry and other items inside patients after performing a surgery. These incidents occur far more often than most people realize. Known as "never events," i.e. events that should never occur, they happen about a dozen times every day in hospitals across the country, according to a report from USA Today. Leaving an object inside a patient after surgery can result in serious complications.
  • Operating on wrong body part - There are many factors that can lead a doctor to operate on the wrong body part. For example, if pre-operation protocols are not followed, a surgical chart is incorrect or the surgeon is distracted, the doctor could perform the procedure on the wrong part. Also, when surgical draping is placed in such a way that marks denoting the site for the surgery are hidden, it can result in the surgeon performing the surgery on the wrong body part or in some cases, even amputating the wrong limb.
  • Delayed or incorrect diagnosis - It is essential to receive timely and correct diagnosis to receive the treatment that a patient requires. In many cases, a delayed diagnosis could result in a condition progressing so far that regular treatment options are no longer possible. If a doctor fails to provide proper diagnosis of a patient's injury or illness, misdiagnoses a condition or delays in providing an accurate diagnosis, it could result in devastating consequences on the patient's health.

Other common mistakes that doctors make include:

  • Losing a patient
  • Anesthesia errors
  • Medication errors
  • Air bubbles in the blood
  • Failure to prevent the spread of infection
  • Delays or improper triage with emergency care

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If you or a loved has been injured or harmed as a result of a medical error, you should immediately seek the help of a skilled and experienced medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.

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$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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