Medical Malpractice
The U.S. Institute of Medicine (IOM) released a report estimating that as many as 98,000 patients die each year as a result of medical errors in hospitals. Compound this number with the unreported mistakes made in other healthcare settings (physicians’ offices, urgent care centers, nursing homes, pharmacies and home care) and the magnitude of medical malpractice becomes staggering. In addition to the high costs of medical mistakes in terms of lives and quality of life, our nation pays an estimated $17 billion per year in costs due to preventable errors.
Medical malpractice is the result of a healthcare provider’s failure to provide the expected standard of care. Unfortunately, some doctors cause harm through their mistakes, ignorance, negligence, lack of skill and misdiagnosis. That’s why there are medical malpractice laws – to protect a patient’s right to pursue compensation if injured as the result of such negligence.
However, medical malpractice suits can be as complex as they are costly. If you believe you have such a claim, contact Abelson Law Firm to speak to a member of our malpractice team. We have successfully represented patients injured due to medical negligence and will aggressively fight for you.
Did you know that healthcare professionals are only required to give a standard of care that is “ordinary” or “normal”? When such a professional is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession.
Some of the most common ways that medical malpractice occurs is through failure or errors in timely diagnosis and ordering appropriate treatment, ordering necessary tests and proper medication, consulting with specialists, and surgical procedures. Although there are numerous types of malpractice claims, here are the most common:
-
Wrongful death
-
Birth defects or injuries
-
Hospital, physician, and nursing negligence
-
Misdiagnosis
-
Nursing home injuries and elder abuse
-
Pharmaceutical errors
One sign that you may have a potential case would be an unexpected or very different result from a surgery or medical treatment. Also, death or severe injury that occurs as a result of "routine" treatments or surgeries where the physician or doctor can give no reasonable explanation for the death or worsened condition of the patient, may give cause to consider that medical malpractice may have occurred.
Abelson Law Firm attorneys are obligated to determine as quickly and efficiently as possible whether there is a good, actionable case. This is so because medical malpractice cases are by their very nature complex, expensive to pursue, have a high risk of no recovery, and often involve a client's "personal" attachment.
If our firm is able to prove your medical malpractice case and the medical provider is found negligent, then you are entitled to recover damages. There are several forms of damages that you may recover in a medical malpractice award: economic (for lost wages or medical expenses), non-economic (for pain and suffering), or punitive (to punish reckless behavior) damages. You may also receive compensation for future medical expenses and loss of future earnings. Punitive damages occur only in rare cases when it is proved that the medical practitioner had malicious intent.
Contact our medical malpractice attorneys immediately to discuss and protect your rights. We represent all medical malpractice clients on a contingent fee basis. If we are unable to recover compensation for your loss, we will not charge you a fee.
In most states, medical malpractice actions must be commenced within two years of the act or omission giving rise to the injury, or within two years of the date of discovery, to a maximum of four years following the date of the act or omission.
Contact Abelson Law Firm to schedule a no-cost consultation. If we find that medical malpractice was involved, we will work hard to hold those responsible for your injuries accountable for their mistakes. For a free claim evaluation and discussion of your legal options, please contact us today.
