Articles Posted in Medical Malpractice

Most of the time when someone goes into a New York hospital with a minor issue, it stays a minor issue. The doctors at the hospital are able to treat the ailment and send the patient home with follow up instructions. But once in a while, for one reason or another, a seemingly minor injury can snowball into something that is very debilitating or even disabling.

A recent lawsuit filed in another state concerns just this very scenario. A woman came into the hospital after a cat bit her. She was apparently taking care of her sister-in-law’s cat when the feline got into a fight with a stray cat. The 41-year-old woman got in the middle of it and was bitten on the forearm, hand and thumb.

The woman initially cleaned the wounds but eventually noticed an infection. She went to a local hospital after she noticed abscesses on her wrist. She returned to the hospital several times after that and doctors referred her to a hand surgeon and gave her antibiotics.

We constantly discuss a variety of medical malpractice cases on our blog, but sometimes it’s hard to see the bigger picture. Looking at the issue as a whole can sometimes help the medical field understand where they are lacking and what they can do better in order to not cause injury to their patients.

A recent survey asked some 4,000 physicians about their experience with being sued for malpractice. According to the survey, by the time the respondents were 60 years of age and older, 80 percent of them had been sued at least once.

While there are many reasons that may be brought up in a medical malpractice suit, the physicians who responded indicated three top reasons. Failure to diagnose and a patient suffering abnormal injury both came in at 31 percent. Those two were followed by failure to treat at 12 percent.

In our last post we started discussing cosmetic surgery. This type of surgery has a large range of risks that come with it, just as other surgeries do. Although there are risks involved, many people still make the decision to go through with the surgery. One of the best ways to prepare for such a surgery is to make sure you find a surgeon you are comfortable with and to ask the right questions.

It’s good to learn about the qualifications of your surgeon. Is he or she board-certified? How many procedures has he or she done? What kind of results should you expect? You should also discuss any kinds of complications that could happen, especially if you have an extensive medical history. Beyond that, it’s important to know what the recovery will be like and how long you may need to take off work.

The doctor should also discuss things like scarring, cost and possible discomfort due to the surgery. Going into this type of surgery with these questions answered can help you feel confident in your decision. If your surgeon is avoiding discussing any of these topics, you may want to consider working with a different surgeon.

Many people go under the knife daily throughout the country as surgeons perform routine and life-saving surgeries. While there are many types of surgeries performed on a daily basis, one of the more controversial types is cosmetic surgery. In most cases cosmetic surgery is an elective surgery meaning the person who is having it done has scheduled it in advance and it doesn’t involve a medical emergency situation.

Cosmetic surgery, like most surgeries, carries a handful of risks. Those include complications such as blood clots, pneumonia, anesthesia-related complications, and even death. Surgery can also lead to infections, which may at some point lead to even more surgery. Besides that, there may be bleeding, scarring, skin breakdown and fluid buildup under the skin. Some people end up experiencing numbness and tingling that is caused by nerve damage. These symptoms may or may not be permanent.

It’s also important to remember that these risks may increase for those who have preexisting health conditions such as lung disease, cardiovascular disease, obesity or diabetes.

Many of us may be unaware that a large portion of medical malpractice claims result from negligence occurring outside of the operating room. This includes mistakes made during the administration of anesthesia. There are conflicting results in studies concerning the number of operating room and non-operating room anesthetic complications. But it appears clear that the number of anesthesia mistakes made in a non-operating room setting is significant.

One disturbing finding found in one study was that substandard anesthesia care more frequently involved non-operating room cases. Such cases generally resulted in larger verdict or settlement payments than operating room cases.

Though generally practitioners involved in applying anesthesia in non-operating settings are well-qualified professionals, mistakes made under these circumstances can often be extremely traumatic. Too often, the medical personnel most needed when anesthesia complications arise in non-operating settings are not available to provide the necessary assistance. Also, in some circumstances the necessary equipment to assist distressed patients is lacking.

Much is said and written regarding medical malpractice lawsuits. To some, medical malpractice lawsuits are hurting the practice of medicine in New York. These people often note that New York had the highest number of medical malpractice claims paid out in the U.S. over the last decade. To many others who are familiar with medical malpractice lawsuits, recent laws have made it more difficult than ever for legitimately injured patients to get legal and financial help with their recovery. They argue that the overall number of medical malpractice claims has decreased steadily over the last decade.

For injured patients, however, the biggest concern is not the overall state of New York’s healthcare or insurance systems. The relationship between a doctor or surgeon and patient is an intimate, trusting one. And nothing is more important to patients than their health and the health of their families. Medical malpractice lawsuits are therefore very personal, and filed for very personal reasons. 

With that in mind, here are the top four reasons patients file medical malpractice lawsuits:

In our last post we discussed the first steps one must take in order to file a medical malpractice suit. After talking to the provider directly and then possibly the medical licensing board, you may decide to file a lawsuit. It’s important to work with your attorney in order to take the right steps.

Each state has a statute of limitations when it comes to civil cases. It’s important that you file the medical malpractice lawsuit within that timeframe. In New York, you have 2 and ½ years to file the lawsuit from the date of the incident or from the end of any continuous treatment provided by the party. This makes it very important to document everything that happens during and after the incident. Your attorney can help you figure out the best method to do so.

After filing the certificate of merit, you and your attorney will need to consider the unique aspects of the case in order to decide whether you want to seek a larger settlement by going to court or if you want to settle out of court. A lot of medical malpractice cases settle out of court, which can save you money and time. While this may be a great option, especially if an insurance company rejects a claim, if you have a very strong case, it may be worth your time to take the case to court. An attorney experienced in medical malpractice law can help you make that decision by taking a look at the facts of your case.

When someone suffers an injury or dies while under the care of a physician, they or their loved ones may wonder if medical negligence was involved. The key issue that needs to be addressed is whether another medical professional would have provided the same standard of care under similar circumstances. Although winning a medical malpractice lawsuit may seem extremely daunting, with the right representation, it can be done if medical negligence and the resulting injuries are proven.

So what do you do if you think you or your loved one has been the victim of medical malpractice? It can be wise to reach out to the medical professional from the start to see if the issue can be remedied in any way. Some providers may even provide services free of charge in order to fix the problem.

If that step does not give you the results you need, you may want to contact the medical licensing board to see if they are willing to do anything about the issue. While they usually can’t force the medical professional to compensate you, they may be able to discipline the provider or give you more information about what can be done.

Many surgeries performed across the country are truly lifesaving. One type of surgery that has helped many people in New York is known as bariatric surgery. This type of surgery, commonly known as weight loss surgery, helps a person lose weight and regain their health. Probably the most well-known of these surgeries is the gastric bypass, although there are quite a few others such as the laparoscopic adjustable gastric band, the duodenal switch, and the sleeve gastrectomy. Some of these surgeries are purely restrictive, meaning the surgery physically limits the amount of food a person can eat, while others use malabsorption in order to lessen the amount of nutrients and calories that are absorbed by the body.

Although the benefits of these surgeries are plentiful, especially when you consider the risks associated with staying morbidly obese, the surgeries definitely have their share of risks as well. As is the case with many major surgeries, a patient could experience s such as blood clots, infections, excessive bleeding or leaks. In the worst case scenario, a patient may pass away due to these complications.

Bariatric surgeries also have a handful of long-term complications such as hernias, bowel obstructions, ulcers and stomach perforation. Because of these types of short-term and long-term complications, it’s vital that the surgeon is well-trained and understands the possible risks each patient may face. If a surgeon and his or her staff members fail to properly assess a patient before, during or after surgery, complications may occur. If a surgical error caused a complication for a bariatric patient, it may be wise to examine the possibility of filing a lawsuit in order to cover any expenses incurred.

Some? None? More?

When it comes to breast cancer screening for women in New York and across the United States, the accepted guideline seems, well, anything but accepted.

In fact, discussion simply seems to lead to more questions.