Is it malpractice if a doctor ignores an abnormal computerized EKG result?
Is it malpractice if a doctor fails to inform a patient that their MRI result is abnormal?
Is it a departure from good and accepted practice if a radiologist misreads a chest x-ray, that in hindsight shows a malignant mass that turns out to be lung cancer?
Is it wrong for a doctor to put surgical clips across the common bile duct when doing a laparoscopic gallbladder removal?
What do you think of a doctor who takes cash for a procedure, does a "half-baked" job, and refuses to return the money to the patient? Would it sound better if I told you the doctor gave up his license to practice, abandoned his patients, and now each of his patients with "sub-standard" treatment must get corrective treatment at the going rate, which is double or triple than what this doctor originally charged?
What about the case of a man who collapses at home, is rushed to the emergency room, has emergency surgery on his intestines and he comes out of surgery needing to have his hand amputated days later.
Maybe this one will catch your attention:
A woman goes into the hospital for a total knee replacement. The surgery goes well. In the recovery room a drain in the knee is attached to a tube for drainage. Unfortunately, the nurse who attached the drain tube attached it to an oxygen line instead of a suction line. Instead of fluid being pulled out of the knee space, air was being pumped INTO the knee. Since the knee was a closed space, the air blew into the space directly under the skin and muscles, travelled up her entire leg, inflating her leg like a balloon, then going up to her belly, causing her belly to become as large as a pregnant woman's. The doctors were eventually alerted to this inexplicable condition and rush the woman into the operating room where they had to perform emergency surgery to find out why her belly was inexplicably becoming larger and larger.
Immediately upon opening her belly, a huge amount of air was released- like a balloon that is quickly deflated. Turns out, there was nothing wrong with her belly. Working backwards, the doctors were able to figure out that the drainage tube had air going into her knee which then travelled up to her belly, causing her to look like a hot-air balloon. The failure to recognize the mistake led this woman to have emergency abdominal surgery--something that she did not need. Her anticipated hospital stay of one day turned into a week-long stay with complications following the belly surgery.
What about the man who had eye surgery to repair a drooping eyelid and came out of surgery being blind? Turns out that the eye surgeon cut his optic nerve during surgery, and only realized the horrible mistake a day later- too late to fix the problem. The man is now permanently blind.
What common recurring theme is found in each of these cases?
Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above are real cases that happened in New York. Each victim had a story to tell. Each injury was different and affected each person differently. When asked, every injured victim would rather have their health than have to resort to a medical malpractice lawsuit seeking compensation.
Thanks for becoming informed.
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 oginski-law.com Call him at 516-487-8207.
Also, go over to http://www.medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.
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