Anytime a patient goes into the operating room for surgery, there is some risk of surgical malpractice. Like the rest of us, surgeons are human and occasionally make mistakes. Unfortunately, however, a surgical error can have tragic consequences on a person's life. A surgeon or team member who makes a mistake and causes harm to the patient may be liable for surgical malpractice. If you or someone you love has been harmed by a surgical error, consider consulting with a personal injury lawyer as soon as possible.
Types of Surgical Malpractice
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During a procedure as complex as a surgical operation, no mistake is insignificant. Everything must be done carefully and precisely to avoid causing any harm to the patient. Some common types of malpractice that can lead to further complications include:
Surgical Malpractice Dangers
Wrong side surgery
Wrong site surgery
Improper incision
Misuse of anesthesia
Use of un-sterile tools
Hospital infections
Leaving surgical instruments in the body
Any of these mistakes could severely injure a patient and possibly even result in wrongful death. The patient and his or her family could be left not only with the physical and emotional pain caused by malpractice, but its financial burdens as well. A victim of a surgical error may be facing sky high medical bills, lost income from time off of work, the expenses for any corrective surgeries needed, recovery costs, and pain and suffering. If you or someone you know has been harmed by surgical malpractice, discuss your legal rights and options with an experienced malpracticelawyer.
Learn More
For more information on surgical errors and malpractice lawsuits, visit the website of the Kenosha medical malpractice attorneys of Habush, Habush & Rottier, S.C., today.
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Medical malpractice is an act by a health care provider that deviates from acceptable standards of practice in the medical community. Basically, medical malpractice is professional negligence which causes an injury to the patient.
The United States has developed a specific medical law covering medical malpractice. A doctor will be liable of medical malpractice unless he/she is shown to have acted in accordance with a reasonable body of medical opinion.
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One type of medical malpractice is birth injury. Occasionally during birth, a child may suffer physical injury as a result of doctor mistakes, hospital mistakes or by the mistakes of other professionals during the delivery process. Common birth injuries include skin irritations, fractured collar bones, brain damage, Cerebral Palsy, Erb's Palsy and temporary paralysis. Brain damage is obviously the most serious form of birth injury as it can result in seizures, strokes and mental retardation later in life.
Medical Malpractice Lawyer - Medical Malpractice Attorneys & Lawsuits
Another common type of medical malpractice is surgical mistakes. Errors in surgery can result in permanent disfigurement and/or complications due to serious infections. Wrong side surgery (operating on the wrong side of the body), instruments left in the patients body, misdiagnoses and wrong patient surgery are common types of surgical mistakes.
Other common medical malpractice lawsuits these days include failure to diagnose cancer, physician and doctor negligence and anesthesia errors and mistakes. Injuries from these types of medical malpractice are often times very serious and medical malpractice lawsuits taken into action.
If you or a loved one has been a victim of medical malpractice it is very important that you seek help immediately. You may be entitled to financial compensation for your injuries. The general rule in medical malpractice death cases is that one is entitled to recover both economic and non-economic damages suffered as a result of the loss of a loved one. Please contact our experienced medical malpractice lawyers immediately.
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MEDICAL MALPRACTICE & PERSONAL INJURY LAW IN NEW YORK
A new law just went into effect the other day. Lawyers no longer are required to pursue their clients for expenses the lawyers incurred on their behalf in unsuccessful lawsuits, in cases where the lawyers' fee was payable only if the client won.
Lawyer Malpractice
It used to be that a New York lawyer was obligated to tell their clients that even if they lose their case, they were still responsible for paying the lawyers expenses he spent on their case. For example, if the lawyer spent ,000 prosecuting a medical malpractice lawsuit, and they lost the case, the lawyer was legally within his right to turn to the client and ask the client to reimburse the lawyer for the ,000.
Medical Malpractice - NY Lawyers No Longer Required To Ask Clients To Pay Them Back If Case Lost
In reality, it didn't really work that way. Most practicing medical malpractice and personal injury lawyers would not ask a client to reimburse them for their expenses if they lost the case. Can you imagine the indignity that results from such a case? Not only do they lose their case, but now they're hit with a huge bill for the lawyers expenses? What happened to "No fee, no recovery?" Well, if you ever looked in the fine print in one of those ads, or in a lawyers' retainer agreement, there was always one sentence which said "The client is ultimately responsible for the legal expenses incurred on their case."
Importantly, the law that Governor Pataki just signed says that a lawyer is no longer REQUIRED to pursue their clients for expenses. In most cases, at least in the greater New York metropolitan area, most medical malpractice attorneys would not ask their client to repay their expenses if they lost the case. It's just bad business.
In 18 years of practice I have never asked a client to reimburse me for my costs if we lost a case. However, I know that in some upstate counties there are lawyers who have no problem asking their client to foot the bill for all of their legal expenses if they lost the case- and guess what? Legally, they were totally within their right to do so.
Now, lawyers are not faced with the dilema to ask the client for their legal expenses. What does this mean for the prospective client who needs a medical malpractice or personal injury lawyer?
Make sure that your lawyer puts a sentence in your retainer agreement that says that he will, or will not seek reimbursements of his legal expenses if you lose your case. This way you know exactly what will happen at the end of your case, and whether you'll be on the hook for thousands of dollars.
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Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 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. http://www.oginski-law.com 516-487-8207
There is certainly a law exist for those who fell victims of medical negligence in one way or another. It is the right of every patient to get professional medical treatment and appropriate medication on behalf of the medical staff, but often patients are not treated as they should be by the medical attendants or staff and patients' condition further deteriorate due to negligence and other medical mistakes.
A medical negligence lawyer specializes in dealing with the cases of such medical negligence and offer legal advice and guidance regarding the legal options available to the clients to bring the medical staff and management to the court of law. A medical negligence lawyer not only has a good legal knowledge but also medical knowledge. He also has good communication skills as he often has to talk with the friends, family and medical staff to note down their statements.
Lawyer Malpractice
1. The very first step involve in becoming a lawyer is to earn your Bachelor's degree. You will not be able to apply in law school unless you earn your four years undergraduate degree.
Starting Your Career As a Medical Negligence Lawyer
2. After getting an undergraduate degree, you need to take a LSAT test. LSAT test is designed to test your reasoning, verbal and analytical skills. Normally, you need to do extremely good in LSAT test in order to take admission in a top law school. You can get information about the test and preparation material on the website of LSAC, i.e. http://www.lsac.org/.
3. Different law schools have different admission criteria. Most prestigious law schools required good academic record, work experience and so on. So, you have to evaluate yourself first and apply in the law schools accordingly. Never aim too high with average educational background and average LSAT score. Aim at getting into a law school and you can make the difference with your over all hard work.
4. Studying law is never been easy. You have to spend a lot of work in reading, studying cases and spending time in the library. Your hard work and independent studies is the only a key to pass the exams with good grades. Also gain some independent knowledge about the medical malpractice law during your law school.
5. Being a medical negligence lawyer, you need to have a reasonable of knowledge of the legal as well as medical aspects of the cases. For this, you may need to learn about medical terminologies and other medical aspects. You can read medical journals and take help from internet to gain some knowledge.
6. Once you have your Juris Doctor degree, you should gather some information about the bar exam which is necessary to pass in order to start law practice as a medical negligence lawyer. It is better to take your time in preparing for the exam as many lawyers find it hard to pass.
7. After clearing the bar exam, advertise yourself. Talk to American Bar Association and ask them to include your name in its online database as medical negligence lawyer.
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