Medical Malpractice and Miscarriage

It is an unfortunate fact that thousands of expecting mothers miscarry their babies each year. In many cases, miscarriage is a direct result of physician negligence. During their routine checkups, expecting mothers are supposed to be tested for a number of ailments that could potentially harm their fetuses.

Medical malpractice may play into miscarriage in one of two ways. The first way this may occur is when a physician fails to diagnose a woman with an ailment that may be potentially threatening to her child. The other way is when the physician fails to treat the mother for her ailments.

Lawyer Malpractice

In either case, fetal death usually can be avoided if the physician does his or her job correctly. While there are certain unfortunate conditions that may take treatment out of a doctor's hands, many of the conditions that plague mothers and hurt fetuses are treatable.

Medical Malpractice and Miscarriage

Common ailments that can endanger a fetus are:

· Hypertension

· Disease and infection

· Gestational diabetes

· Malnutrition

· Womb disorders

In many cases, these ailments can be treated with medications and other procedures that do not harm the child. Should a physician fail to diagnose these ailments, though, the mother may not know that she has a potentially life-threatening disorder.

In many cases, doctors fail to diagnose expecting mothers with ailments because the mothers do not report any abnormalities. Since many women expect pregnancy to be a straining and stressful process, many of them attribute aches and pains to the pregnancy and not some other problem.

Even still, this is no excuse for a doctor to not order tests for common ailments. If you or someone you love miscarried because of physician negligence, discuss your legal rights and options with the Waukesha medical malpractice attorneys of Habush Habush & Rottier, S.C.

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Medical Malpractice Cases You Would Never Have Dreamed Of

The terrifying reality of medical malpractice is that it is often far too late for positive intervention after the event and, even if the claimants are successful in their monetary claims, the damages can never quite be rectified.

Avoidable deaths cost tax payers millions

Lawyer Malpractice

South Africa is not alone in the fight against medical malpractice and negligence. Recent figures released in Italy indicate that nearly 6% of all their deaths can be attributed to malpractice or simple inefficiency. This means that more Italians die unnecessarily in the hands of health care professionals than to motor vehicle accidents, heart attacks and forms of cancer.

Medical Malpractice Cases You Would Never Have Dreamed Of

These avoidable deaths cost the Italian tax payer in the region of EUR10 billion every year, which effectively translates into 1% of the gross domestic profit.

Penis amputations not unheard of

Closer to home, a South African man joined the throngs of other victims worldwide who have had their penises amputated either in error or because they were not correctly diagnosed and not referred to a specialist in time.

This time the health care workers at the Bophelong Hospital in Mafikeng failed to refer the victim to an urologist and opted to lop off his manhood instead. The man successfully claimed R465 000 for the "incident".

Negligence leads to permanent brain damage

Another horror story that led to the largest medical malpractice claim in the country at the time was the story of an infant girl who, through negligence, was left permanently brain damaged after a relatively minor operation.

The anesthetist failed to examine the two and half month old infant prior to the operation and consequently failed to detect a mild heart defect. What ensued were poor levels of oxygen during the procedure which in turn led to permanent brain damage. Her parent's laid a claim of R100-million against the George clinic and three of the doctors involved in the procedure.

Erroneous swab causes unbearable complications

A woman who went in for a routine abdomen operation is suing a Johannesburg hospital for R1.3 million. Her wounds became septic shortly after being discharged and, on further investigation, it was discovered that a medical swab had been left in her abdomen during the procedure.

Apart from suffering a nervous breakdown because of the pain associated with the error, she has had to undergo a further two operations to sort out the damages incurred by the negligence, and has since developed diabetes.

Quick medical malpractice shockers

o A man admitted to the Inkosi Albert Luthuli Hospital in Durban for a brain tumour biopsy developed gangrene in both the thumb and forefinger because nursing staff failed to monitor the drip adequately. He successfully claimed R1 million from the incumbent Health Minister, Manto Tshabalala-Msimang.

o A mother successfully claimed R78 000 from the department of health after her newborn infant was swapped with another baby following a caesarean section.

o A woman who went in for a routine scar tissue examination is claiming R510 000 from the minister because of an illegal hysterectomy performed on her in error!

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DSC Attorneys is a Cape Town law firm that specialises in personaly injury claims and medical malpractice cases in Cape Town.

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Medical Malpractice Suit

There are laws both federal and state to protect those who have been harmed by a medical professional because of negligence.  One right a victim has is the right to take legal action on the party responsible for their injury.  If a medical professional, including a doctor, nurse or any other medical staff, caused an individual harm because of neglect, they can file a medical malpractice suit.  Some compensation that can be recovered includes:

• Medical costs, past and future
• Lost wages (past and future)
• Mental anguish
• Other related losses

Time Restrictions for Medical Lawsuits

Lawyer Malpractice

A person who has been injured because of medical negligence has rights that need to be protected.  This can be done by contacting an attorney right away.  A medical malpractice claim needs to be filed within the statute of limitations.  There is a time limit that each state has requiring a victim to file a claim before the legal deadline.  Failure to file within these deadlines a victim may lose any rights for compensation.

Medical Malpractice Suit

Do You Have a Medical Malpractice Case?

Take your claim to a knowledgeable attorney for evaluation.  They can verify if you have a medical malpractice case.  Attorneys will determine if negligence is the reason for your injury.  Speak with an attorney if you suffered an injury due to the following:

• A doctor's mistakes - this can involve surgery, medication, analysis, treatment, labor and delivery, etc.
• A nurse's mistakes - this can involve administrating medication, IV insertion, not following doctor's orders, and performing job duties when they are not qualified to do so
• Lab errors - tests were misinterpreted

Medical malpractice comes in many forms.  If you suspect your injury is due to neglect of your doctor, it is beneficial for you to speak with a professional attorney today.

Not All Malpractice Suits Go To Trial

The costs to take a case to trial are high and the amount of time spent is drawn out.  Many individuals prefer to settle out of court because of this reason.  If you have any questions about filing a medical malpractice suit, contact an attorney who is skilled in this area.  There are qualified attorneys with many years experience in malpractice cases.

Questions about a Medical Malpractice Suit

If you have any questions about filing a lawsuit in your medical malpractice claim, contact a medical lawyer.  A lawyer will evaluate your case free of charge.  If it is determined medical negligence is the cause, they will advise you of your legal rights.

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David Austin is an Attorney focused on complex injury cases. You can learn more about Medical Malpractice Suit at his website. Burke-Eisner.com

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Accounting Malpractice

Accounting malpractice happens when the accountant or any accounting professional becomes negligent of his duties. Professional institutes establish a list of standard of care that must be met to protect others from the risks of harm and deceit and when these legally established standards of care are not met, it can sometimes be considered negligence.

When filing a complaint concerning accounting malpractice, the plaintiff must be able to show that the negligent defendant was not able to meet the level of care that is common or customary in the accounting profession. An example is when an accountant is not able to file a client's tax return on time.

Lawyer Malpractice

In an accounting malpractice case, the plaintiff must understand and establish four key elements. The plaintiff must:

Accounting Malpractice

.Show that the accounting professional being sued had a clear responsibility to him

2. Prove that the accounting professional failed in that responsibility

3. Show that he was injured

4. Establish that the accounting professional's failure was the primary cause of the injury (Answer the question "Was the failure of responsibility sufficiently enough for the injury to hold the accounting professional liable?")

To guide them in the course of carrying out their duties properly and to avoid being held responsible for any malpractice, accounting professionals should follow professional standards. These include the following:

1. The Public Interest. More than the title, CPA (Certified Public Accountants) should accept the responsibility and act in a way that is best for the public interest, respect the public trust, and show commitment to professionalism.

2. Due Care. CPAs should undoubtedly comply with the state law, including their profession's technical and ethical standards. They must demonstrate competence at all times, and aim to continuously improve the quality of their services, and discharge professional responsibility to the best of their abilities.

3. Objectivity. To maintain objectivity, CPAs should: (a) avoid performing professional services when there are actual or perceived conflicts of interest, and (b) be independent when making auditing or other accounting services.

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Malpractice provides detailed information on Malpractice, Medical Malpractice, Medical Malpractice Attorney, Dental Malpractice and more. Malpractice is affiliated with Whistleblower Protection Acts.

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Medical Malpractice - Facts & Trends

FACT:

In New York, patients sue doctors and hospitals. That's a fact. They're unhappy with the outcome of a procedure; they're upset because a doctor misdiagnosed their condition and now they have a permanent injury or disability. That's a fact. However, the facts and trends show an entirely different story.

Lawyer Malpractice

FACT:

Medical Malpractice - Facts & Trends

Most victims of medical malpractice in NY don't even know they've been a victim of improper medical care because nobody tells them.

TREND:

Many victims are never compensated because they don't realize they've been injured as a result of someone's wrongdoing.

FACT:

The majority of meritorious cases that are brought are settled at trial or during trial.

TREND:

Of those cases that are disputed and go to trial here in New York, doctors and hospitals win the majority of them, usually between 66%-80% of the time. Those are impressive statistics for the defense. The reasoning why doctors and hospitals win many cases has many components:

a. Juries like doctors;
b. Juries rely on doctors, nurses and hospitals for their own care and are loathe to blame a medical professional unless the treatment was glaring and obvious;
c. Juries have been conditioned and brain-washed by the insurance companies to believe that all lawsuits are frivolous, regardless of what happened or how or who should be taking responsibility for their own actions;
d. Jurors do not want to spend someone else's money to give to an injured victim, believing that by giving away money, their own insurance rates will increase.

TREND:

Many people believe that just because they did not get an optimal result or perfect outcome that they're entitled to bring a lawsuit for some type of compensation.

FACT:

Just because a patient believes something was done wrong, or that their outcome was not perfect does not mean that there's a basis for a valid case. Each case must be reviewed by a medical expert who confirms (1) that there was wrongdoing; (2) that the wrongdoing caused harm; and (3) that the harm is significant and/or permanent. Without that confirmation, it is impossible to bring a lawsuit in New York.

TREND:

Injured victims wait until their families and friends have encouraged them to speak to a lawyer about a lawsuit. Sometimes, they wait too long.

FACT:

There are very strict time limits here in NY to bring a lawsuit against a private doctor or hospital. If your treatment happened in a municipal (City-owned) or a State-owned hospital, you have a very limited time to file a notice of claim, and then a very limited time to file your lawsuit. If you wait longer than the required time, you will likely not be able to bring a lawsuit for any injuries you believe were caused by a doctor or hospital. That's why it's so important to speak to an experienced medical malpractice attorney immediately. You don't want to have an attorney tell you that you would have had a valid case, if only you had come in earlier.

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Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 250 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. For more information, call him personally at 516-487-8207.

Also, go over to http://nymedicalmalpracticevideoblog.com for Gerry's free instructional videos on medical malpractice, negligence cases, accidents and wrongful death cases in New York.

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The Best Lawyer Movies

Our country has had an on again, off again love affair with the lawyer. Certainly when we need one, we love them. When we hear stories of people suing McDonald's because their coffee was too hot, we tend to think of them differently. Not only the subject of a million bad jokes, they have also been the subject of many a film. Strangely enough, more of these films seem to be good-or at least passable-than otherwise. Here we take a look at some of the best legal films out there.

To Kill a Mockingbird
Based on the classic novel by Harper Lee (though some contend it was at least partially written by Lee's good friend Truman Capote, the film tells the tale of lawyer Atticus Finch, played flawlessly by Gregory Peck in the role that defined his career. Both the book and the movie tackle the subject of racism and whether a black man can get a fair trial in a very dark period of our nation's history.

Lawyer Malpractice

Inherit The Wind
If ever there was a legal movie that every lawyer should be required to watch, it would be this one. Spencer Tracy and Frederic March play Clarence Darrow and William Jennings Bryan in a dramatization of the famous Scopes Monkey Trial that debated the legal precedent of teaching evolution in public schools. With intelligent design enthusiasts and evolutionists still battling over school curricula, this movie is as relevant now as it has ever been.

The Best Lawyer Movies

Philadelphia
The movie that took Tom Hanks from a strictly comic actor into an Oscar winning powerhouse, it concerns a lawyer who contracts AIDS and is then fired from his job at a prestigious law firm. After being rejected by a dozen attorneys, his case is finally taken by his old courtroom rival, played by Denzel Washington. More than just a legal procedural, the movie is the gripping emotional tale of human rights and how we deal with losing our loved ones.

Amistad
Directed by Steven Spielberg, this all star film takes a look at a mostly forgotten case from the early days of American history. Set twenty years before the Civil War, Amistad is about the uprising of a slave ship and the prosecution of those slaves for murder, a case that makes it all the way to the U.S. Supreme Court. Matthew McConaughey, Anthony Hopkins, and Morgan Freeman are all in top form in the retelling of this powerful story.

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In Gainesville, lawyer fees are a bit more expensive than a movie night, but can help you out with your Hollywood case. If you need an attorney, visit http://www.rflintcrump.com/.

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Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him

THIS IS A TRUE STORY

A call came in the other day. A hysterical woman was on the phone. Her husband had died just moments ago. The hospital was in New York City. The woman and her family wanted to know what to do.

Lawyer Malpractice

What to do? I'm thinking that they're calling a malpractice lawyer within minutes of their loved one having died, and they're calling me? Wouldn't they prefer to talk to a lawyer until after he's buried? After a moment of pause, I calmly started my inquiry. How old was he? Why was he in the hospital? What do you think was done wrong that caused his death? What is the cause of death?

Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him

The more questions I asked, the more I realized that the recently deceased husband was sick for many weeks before arriving at his final destination. His wife had read my series of online articles titled "In Case of Death..." His family knew months before this final day that he was the victim of medical malpractice. Despite knowing this distressing fact, his wife decided to hold off calling a medical malpractice lawyer in New York until he died. She didn't want to trouble her husband with the horrible realization that he was dying because a doctor failed to diagnose his lung cancer.

The first question she asked was whether an autopsy should be done. The answer to that question raised a number of very significant issues. The first is religious. The second is the competency of the individual doing the autopsy. First, I'll describe what an autopsy is. Then I'll show you how I answered her pressing question.

An autopsy is a detailed physical examination of a person who has died. The doctor who does this examination is called a pathologist, or a medical examiner. They literally explore the anatomy of the person who died. They look, see, and evaluate the cause of death. In order to do that they need to open and expose every part of the body. They take samples of body tissues and fluids and examine them under the microscope.

Getting back to my answer, I asked their religion. Why did I ask? In some religions there is a prohibition of desecrating a body after someone has died. An autopsy, according to some religions, interferes with a person's ability to go to the afterlife with an intact body. In her case, there was no religious prohibition to performing an autopsy.

The benefits of an autopsy are plentiful. If the exam is done properly and professionally by a physician with experience, the autopsy can yield a great deal of useful information. However, an autopsy is a double-edged sword when evaluating its' usefulness in a potential wrongful death case. Typically, an autopsy will determine why a person died. In many death cases, the autopsy provides not only valuable information about how and why someone died, but also provides useful information to be used against the family at the time of trial.

Here's the dilemma:

In a failure to diagnose lung cancer case we will claim that the failure to diagnose caused the lung cancer to spread and ultimately caused an untimely death. We also allege that had the cancer been detected at an early stage, the patient would have been able to receive treatment and would be alive today.

Let's say the victim was 65 years old and we believe he was otherwise healthy. An autopsy might reveal that he had massive heart disease. An expert pathologist might be able to argue that because of his massive heart disease, his life expectancy- even without any lung cancer- would have been severely reduced. What's the next logical argument the defense will make?

Even if the victim had no cancer, there is still the likely chance that he would have died within a few years, either from a heart attack, or a stroke (from a buildup of plaque), and the failure to diagnose the cancer didn't really shorten his lifespan.

While there are definite benefits to obtaining an autopsy, it is always fraught with the possibility that the defense will have gained useful information to use against you and your family during a wrongful death case. Having said that, it is usually beneficial to have an autopsy. Why? To determine the precise cause of death. Once we have confirmed the exact cause of death, we can work backwards and determine whether this was a slow-growing cancer or fast-growing cancer. The difference is significant and can mean the difference between a valid malpractice case or one that has no merit.

By the time I was finished talking to this clearly distraught woman, I realized that an autopsy would be beneficial for her and her family. It would put to rest idle talk by a few of the doctors that he died from an unrelated illness. This woman needed guidance and information from an experienced medical malpractice lawyer. The knowledge I provided helped her make an informed decision about what to do next.

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Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com . Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.

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