MEDICAL MALPRACTICE

Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. Simply put, medical malpractice is professional negligence (by a healthcare provider) that causes an injury.

Government Study Finds Many Deaths Due to Health Care Errors and Recommends a New Federal Agency to Improve Quality of Care

December 3, 1999

A report by the Institute of Medicine ("IOM") on the quality of medical care became available this week. It is highly critical of health care providers portraying the health care system in the U.S. as error-prone, dangerous, and in need of reform.

The report is entitled To Err Is Human: Building a Safer Health System (Linda Kohn, Janet Corrigan, and Molla Donaldson, Editors). The prepublication version of the report is available in its entirety (over 200 pages) on the Internet at this URL – http://www.nap.edu/catalog/9728.html – as part of a web site operated by the National Academy Press. It can be read on line or printed in Adobe Acrobat format. Also found on that site is the press release announcing the report, which contains a good summary of its contents.

The IOM is an affiliate of the National Academy of Sciences, which is chartered by Congress but operated as a private, non-profit institution. It renders health policy advice to the federal government, ordinarily by producing extensive, peer-reviewed documents like this one, funded either by federal grants or by private foundations. The press release lists the members of the committee that produced the report, and they form a cross-section of leaders from academic medicine, major hospitals, and managed care providers.

It is claimed that there are 98,000 deaths due to medical errors in hospitals each year. The latter study is said to imply only 44,000 preventible deaths nationally each year.

In a statement releasing the IOM report, William C. Richardson, who chaired the committee that produced it, called the statistics cited above "stunningly high rates of medical errors" that are "simply unacceptable in a medical system that promises first to 'do no harm.'" The report claims that this situation has developed because the health care system is a decade behind other high-risk industries in addressing safety concerns, and therefore has not shared in the gains achieved by transportation and manufacturing, for example.

The report describes in detail the committee's plan for reducing the number of medical errors. It calls "fingerpointing" a pointless exercise and recommends instead a systemic strategy involving government, industry, consumers, and providers. The main governmental effort would come from a new center for patient safety within the U.S. Department of Health and Human Services that would set national safety goals, track progress, and fund research. The report also recommends a nationwide, mandatory system of reporting medical errors. It would, however, allow medical mistakes that do not result in serious consequences to remain confidential, so that the data base could not be used for lawsuits, which might discourage participation by practitioners and health care organizations. Other recommendations include periodic retesting of health care practitioners and clearer FDA requirements for the labeling of pharmaceuticals.

Mr. Richardson's statement summarized the committee's vision:

Health care organizations must create an environment in which safety will become a top priority. This culture of safety means designing systems geared to preventing, detecting, and minimizing hazards and the likelihood of error – not finding and attaching blame to individuals. That requires creating and adequately funding systems to monitor safety. We urge the adoption of well-understood safety principles such as designing jobs and working conditions for safety; standardizing and simplifying equipment, supplies, and processes; and avoiding reliance on memory.

Because the know-how exists to prevent many of these mistakes, we strongly believe it is possible to achieve at least a 50 percent reduction in errors over five years. The majority of medical errors do not result from individual recklessness, but from basic flaws in the way the health system is organized. Equipment controls that differ from one manufacturer to another, or from year to year, can contribute to errors. Stocking patient-care units in hospitals with drugs that are potentially lethal unless diluted before being administered has resulted in deadly overdoses. Illegible writing in the medical record has resulted in the administration of a drug for which the patient has a known allergy. More generally, medical knowledge and technology advance so rapidly that it is difficult for practitioners to keep up.

The medical malpractice claim

The parties

The plaintiff is the patient, or a legally designated party acting on behalf of the patient, or -- in the case of a wrongful-death suit -- the executor or administrator of a deceased patient's estate.

The defendant is the health care provider. Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush (122 S.W. 3d 835, Texas, 2003), "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.

Elements of the case

A plaintiff must establish all four of the following elements, for a successful medical malpractice claim.

A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
A duty was breached -- the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitor or 'the thing speaks for itself').
The breach caused an injury -- The breach of duty was a proximate cause of the injury.
Damages -- Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.

The trial

Like all other tort cases, the plaintiff (or the plaintiff's attorney) files a lawsuit in a court with appropriate jurisdiction. Between the filing of suit and the trial, the parties (or their attorneys) are required to 'share information' through a process known as discovery. Such information includes interrogatories, requests for documents, and depositions. If both parties agree, the case may be settled early on negotiated terms. If the parties cannot agree, the case will proceed to trial.

The plaintiff has the burden of proof to prove all the elements by a preponderance (51%) of evidence. At trial, both parties will usually present experts to testify as to the standard of care required, and other technical issues during trial. The fact-finder (judge or jury) must then weigh all the evidence and determine which is the most credible.

The factfinder will render a verdict for the prevailing party, and asseses the compensatory and punitive damages, within the parameters of the judge's instructions. The verdict is then reduced to the judgment of the court. Either side may take an appeal from the judgment.

Expert testimony

Expert witnesses must be qualified by the Court, based on the prospective experts qualifications and the standards set from legal precedent. To be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issue. The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations. Expert testimony is not qualified "just because somebody with a diploma says it is so" (United States v. Ingham, 42 M.J. 218, 226 [A.C.M.R. 1995]). In addition to appropriate qualifications of the expert, the proposed testimony must meet certain criteria for reliabilty. In the United States, two models for evaluating the proposed testimony are used:

The more common (and some believe more reliable) approach used by all federal courts and most state courts is the 'gatekeeper' model, which is a test formulated from the US Supreme Court cases Daubert v. Merrell Dow Pharmaceuticals (509 U.S. 579 [1993]), General Electric Co. v. Joiner (522 U.S. 136 [1997]), and Kumho Tire Co. v. Carmichael (526 U.S. 137 [1999]. In certain cases, before the trial, a Daubert hearing may take place before the judge (without the jury). The trial court judge must consider evidence presented to determine whether an expert's "testimony rests on a reliable foundation and is relevant to the task at hand." (Daubert, 509 U.S. at 597). The Daubert hearing considers 4 questions about the testimony the prospective expert proposes:

Whether a "theory or technique . . . can be (and has been) tested"
Whether it "has been subjected to peer review and publication".
Whether, in respect to a particular technique, there is a high "known or potential rate of error"
Whether there are "standards controlling the technique's operation".

Some state courts still use the Frye test that relies on scientific consensus to assess the admissibility of novel scientific evidence. Daubert expressly rejected the earlier federal rule's incorporation of the Frye test. (Daubert, 509 U.S. at 593-594) Expert testimony that would have passed the Frye test is now excluded under the more stringent requirements of Federal Rules of Evidence as construed by Daubert.

In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical.

Damages

The plaintiff's damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are only awarded in the event of wanton and reckless conduct.

Ohio medical malpractice law changed substantially with the passage of S.B. 281, 124th Leg. (2002). Most sections of the new law, including a cap on non-economic damages, apply only to claims arising out of acts or omissions on or after April 11, 2003.

Statutes of Limitations

A medical malpractice action must be commenced within one year after the cause of action accrues. Ohio Rev. Code Ann. § 2305.113(A). A cause of action for medical malpractice accrues when the claimant discovers or, in the exercise of reasonable care and diligence, should have discovered the resulting injury, or when the physician-patient relationship for that condition terminates, whichever occurs later. Frysinger v. Leech, 32 Ohio St. 3d 38, 512 N.E.2d 337 (1987). If a malpractice claimant gives written notice to the prospective defendant within the one-year limitation period, the claimant may bring an action at any time within 180 days of that notice. Ohio Rev. Code Ann. § 2305.113(B).

A four-year statute of repose has been added for claims arising out of acts or omissions on or after April 11, 2003. A claim must be brought within four years of the act or omission, except that a claimant has one full year from discovery, even if this exceeds four years, for claims discovered during the third year or claims based on a foreign object left in the body. Ohio Rev. Code Ann. § 2305.113(C) and (D).

Malpractice that results in death gives rise to two distinct claims: a malpractice claim for personal loss and suffering prior to death, enforceable by the decedent's personal representative, and a wrongful death claim for pecuniary loss to the decedent's spouse and next of kin. Koler v. St. Joseph Hospital, 69 Ohio St. 2d 477, 432 N.E.2d 821 (1982). A wrongful death action may be brought even if the malpractice claim is time-barred Id.; Brosse v. Cumming, 20 Ohio App. 3d 260, 485 N.E.2d 803 (1984) (malpractice claim already barred at time of death). By statute, an action for wrongful death must be brought within two years after the decedent's death, Ohio Rev. Code Ann. § 2125.02(D).

Contributory or Comparative Negligence

Ohio recognizes a form of comparative negligence. A claimant's contributory fault only bars recovery if it exceeds the combined fault of all other persons, whether or not they have been sued. Otherwise, recovery is simply diminished in proportion to the claimant's fault. Ohio Rev. Code Ann. § 2315.33.

Vicarious Liability

Under the doctrine of respondeat superior, a hospital may be held liable for torts committed by its employees. Furthermore, under the doctrine of agency by estoppel, a hospital may be held liable for the negligence of physicians who are not its employees if (1) it holds itself out to the public as a provider of medical services, and (2) in the absence of notice or knowledge to the contrary, the patient looks to the hospital, as opposed to the individual physician, to provide competent medical care. Clark v. Southview Hospital & Family Health Center, 68 Ohio St. 3d 435, 628 N.E.2d 46 (1994).

Expert Testimony

In actions involving a medical professional's skill and judgment, expert testimony must be presented to establish the prevailing standard of care, a breach of that standard, and proximate cause. Ramage v. Central Ohio Emergency Services, Inc., 64 Ohio St. 3d 97, 592 N.E.2d 828 (1992). There is an exception for matters within the "common knowledge" of laypersons. Id.Such an expert must practice in the same specialty or a specialty substantially similar to that of the defendant. Ohio Rev. Code Ann. § 2743.43. Effective July 1, 2005, the complaint in a medical malpractice lawsuit must be accompanied by an affidavit of merit by a properly qualified expert with respect to each defendant against whom expert testimony is needed. An extension of time may be granted for good cause. Ohio R. Civ. P. 10(D).

Damage Caps

There is a cap on non-economic damages for medical malpractice arising out of acts or omissions on or after April 11, 2003. The basic cap is the larger of $250,000 or three times economic damages, subject to a maximum of $350,000 per plaintiff and a maximum of $500,000 per occurrence. These maximum amounts increase to $500,000 per plaintiff and $1 million per occurrence if the plaintiff has suffered permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical injury that prevents self-care. Ohio Rev. Code Ann. § 2323.43. The cap does not apply to cases brought under the wrongful death statute, Ohio Rev. Code Ann. § 2323.43(G)(3), but it does limit recovery by a decedent's estate for such non-economic damages as conscious pain and suffering experienced prior to death.

Ohio also limits punitive damages to twice compensatory damages in tort cases (other than intentional torts) arising on or after April 5, 2005. Punitive damages are also limited to ten percent of net worth, up to a maximum of $350,000, in the case of an individual or small employer. Ohio Rev. Code Ann. § 2315.21(D).

Statutory Cap on Attorneys' Fees

In cases based on acts or omissions on or after April 11, 2003, a probate judge must approve attorneys' fees if they exceed the amount of the cap on non-economic damages. Ohio Rev. Code Ann. § 2323.43(F).

Pre-Judgment Interest

Pre-judgment interest is awarded to a successful plaintiff if he establishes, at a hearing, that he made a good faith effort to settle the case and the losing defendant did not. Ohio Rev. Code Ann. § 1343.03. Formerly, interest ran from the date the cause of action accrued, but an amendment effective June 2, 2004, provides that in negligence cases where liability is contested, it runs only from the date of filing (or under certain circumstances from notice). The amendment also prohibits the award of pre-judgment interest on future damages. It changed the rate of interest from ten percent to the federal short-term rate, rounded to a whole number, plus three percent, as determined by the tax commissioner each October for the following year. Id..; Ohio Rev. Code Ann. § 5703.47 .

Appellate cases give trial judges broad discretion to decide what constitutes a "good faith effort," and allows them to consider evidence about the state of mind of the person making settlement decisions. For example, the court in Garrett v. St. Elizabeth Health Center, 142 Ohio App. 3d 610, 756 N.E.2d 698 (2001), relied in part on testimony by the risk manager of a self-insured hospital that he decided to "roll the dice" in a case.

Patient Compensation Funds and Physician Insurance

Ohio does not have a patient compensation fund or a general program of state-sponsored liability insurance for physicians.

Immunities

The State of Ohio has waived its immunity by statute, and that of all hospitals owned or operated by political subdivisions, including municipal corporations and counties. Ohio Rev. Code Ann. §§ 2743.02, 2744.01, and 2744.02. The state may only be sued in the Court of Claims. This is advantageous to defendants, as Court of Claims cases are tried in the state capital before a judge, not a jury. Ohio Rev. Code Ann. §§ 2743.02 and 2743.03.

A civil action against the state or its political subdivisions must be brought within two years from the time the cause of action arose or within any shorter period of time applicable in similar suits between private parties. Ohio Rev. Code Ann. §§ 2743.16 and 2744.04.

Political subdivisions are immune from liability for punitive damages. Collateral source benefits received by the claimant are deducted from any award against a political subdivision. Except in wrongful death cases, there is a cap of $250,000 per claimant on damages that do not represent "actual loss," such as pain and suffering or loss of consortium. Ohio Rev. Code Ann. § 2744.05.

Arbitration

Ohio law permits, but does not require, the reference of medical malpractice actions to arbitration. The decision of an arbitration board is non-binding and neither the decision nor any dissenting opinion may be admitted into evidence at trial. Ohio Rev. Code Ann. § 2711.21.

Statistics on malpractice and preventable medical error

Medical malpractice claims can help identify areas where primary health care in the United States needs improvement, according to the American Academy of Family Physicians. The Academy refers to a study entitled "Learning from Malpractice Claims about Negligent, Adverse Events in Primary Care in the United States", in suggesting that the medical community can learn from tort claims. In that study, researchers looked at primary care malpractice claims settled between 1985 and 2000 in the United States. The study focused on a subset of 5,921 claims that were clear errors. The researchers found:

68 percent of the errors were in outpatient settings and resulted in more than 1,200 deaths.
Negligence was more likely to have severe outcomes when they occurred in hospitals, but the total number of high severity outcomes and death was larger in the outpatient setting.
Of the 10 most prevalent medical conditions with error-related claims, no single condition accounted for more than five percent of all negligent claims.
Diagnostic error accounted for more than one-third of the claims.

A recent study by Healthgrades found that an average of 195,000 hospital deaths in each of the years 2000, 2001 and 2002 in the U.S. were due to potentially preventable medical errors. Researchers examined 37 million patient records and applied the mortality and economic impact models developed by Dr. Chunliu Zhan and Dr. Marlene R. Miller in a study published in the Journal of the American Medical Association (JAMA) in October of 2003. The Zhan and Miller study supported the Institute of Medicine’s (IOM) 1999 report conclusion, which found that medical errors caused up to 98,000 deaths annually and should be considered a national epidemic.

A 2006 follow-up to the 1999 Institute of Medicine of the National Academies study found that medication errors are among the most common medical mistakes, harming at least 1.5 million people every year. According to the study, 400,000 preventable drug-related injuries occur each year in hospitals, 800,000 in long-term care settings, and roughly 530,000 among Medicare recipients in outpatient clinics. The report stated that these are likely to be conservative estimates. In 2000 alone, the extra medical costs incurred by preventable drug related injuries approximated $887 million -- and the study looked only at injuries sustained by Medicare recipients, a subset of clinic visitors. None of these figures take into account lost wages and productivity or other costs.

Medical Malpractice Lawsuits

The medical malpractice crisis is a myth. In May 2006, the study "Claims, Errors, and Compensation Payments in Medical Malpractice Litigation" was released by the Harvard School of Public Health. This study supported a trial lawyer position that in most cases the claimants were entitled to compensation. According to the study, "the vast majority of expenditures go toward litigation over errors and payment of them."

Medical Malpractice continues to be a serious problem in our country -- wreaking misery on victims and their loved ones. In 2005, the Institute of Medicine of the National Academies ("IOM") estimated that over 150,000 people die in American Hospitals annually because of Medical Malpractice. This exceeds annual deaths from motor vehicle accidents, natural disasters and AIDS combined. Medical Malpractice can occur during treatment from even the best doctors and hospitals -- though just 20% of doctors prompt 20% of Malpractice claims. Whether the doctor and/or hospital is generally considered excellent or poor, victims of Medical Practice and their families deserve compensation for Medical Mistakes which cause them injury.

Medical Malpractice may either be committed by a doctor or those who work under them. Common examples include:

Failure to diagnose a serious Medical condition
Failure to properly care for or refer a Patient with a serious Medical condition
Failure to properly instruct Nurses and health workers how to care for a Patient
Failure to administer care in accordance with recognized professional standards
Failure to ensure proper continuity of care

If you or a loved one have been victimized by such Medical errors, and sustained significant injuries because of a Medical Mistake, you need a Law Firm with the experience and resources to bring your claim. It is very important to make a Medical Malpractice claim in a timely fashion, since the Statute of Limitations for Medical Malpractice and Wrongful Death are very short. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of Medical Malpractice and their families. We have a full-time physician on staff to review your case and a proven track record of bringing satisfaction to those injured by Medical Malpractice. We are not afraid to go up against any doctor or hospital. We offer no-charge consultation and will be happy to discuss a potential claim. Don't let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion. Contact us today to discuss your potential claim at no cost to you.

ANESTHESIA MISHAPS

We have come a long way since Anesthesia was a bottle of whiskey, a bullet to bite on -- and possibly a mallet blow to the skull! Anesthesiologists are highly trained specialists using sophisticated technology -- alleviating pain during Surgery and afterwards. Anesthesiologists may also specialize in treating pain from chronic conditions. It is the primary responsibility of the Anesthesiologist to keep the Patient alive while on the Operative Table. While most Anesthesia goes without a hitch, even the best Anesthesiologist can make a tragic mistake. While some complications of Anesthesia are unavoidable, we do not expect our Anesthesiologist to make avoidable errors. Despite the progress of modern surgery, preventable Anesthesia Errors continue to occur with regularity. The U.S. Government's Agency for Healthcare Research and Quality (AHRQ) estimates that Anesthesia ranging from mild, self-limited to severe brain damage and/or death -- occur with 1 in 1000 Surgeries. When severe injury or death occurs as result of Anesthesia Error, it is a preventable tragedy for both the patient and their family.

Errors during Anesthesia can be attributed to negligence of the Anesthesiologist, no evidence of other Anesthesia personnel (e.g.Certified Nurse Anesthetistsare "CRNA's") and/or Equipment Failure. Common examples include:

Failure to determine whether the Patient is suited for General Anesthesia
Improper placement of Anesthesia Tubes or other Equipment into the Patient
Using the wrong Anesthetic for a particular Patient
Improper dosing of Anesthesia
Inadequate monitoring of Vital Signs during Anesthesia
Ferry to properly address problems during Anesthesia as they arise
Failure to properly supervise Anesthesia personnel such as Anesthesia Nurses
Failure to properly monitor the Patient once Anesthesia is discontinued
Failure to properly does Post-Operative Pain Medicines (e.g."PCA Pumps")
Improper Injection of Local Anesthetics into the Spine, Skin, etc.

If you or a loved one have been victimized by an Anesthesia Error, and sustained significant injuries thereby, you need a Law Firm with the experience and resources to bring your claim. It is very important to make an Anesthesia Malpractice claim in a timely fashion -- since the Statutes of Limitations for Physician Malpractice and Wrongful That are very short. Such claims can be lost in as little as one year following improperly performed Anesthesia -- and just two years after a Wrongful Death caused by an Anesthesia catastrophe. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of Physician Malpractice and their families. We have a full-time physician on staff to review your case with a proven track record of bringing satisfaction to those injured by Malpractice. We are not afraid to go up against any Anesthesiologist or Hospital. We offer no-charge consultation and will be happy to discuss your potential claim. Don't let the compensation you and your family may be entitled to lapse by failing to fight your claim in a timely fashion -- contact us today to discuss your potential Anesthesia A practice case at no cost to you.

SURGICAL MISTAKES

Surgery We have come a long way since a barbers performed Surgery. Today's Surgeons are highly trained specialists using sophisticated technology -- often with amazing success. However, even the best Surgeon is not beyond human error. While we expect a Surgeon to help us, and we understand that there are no guarantees -- we do not expect a Surgeon to make avoidable errors. Despite the progress of modern surgery, preventable Surgical Errors continue to occur with regularity. The U.S.Government's Agency for Healthcare Research and Quality (AHRQ) estimates that over 32,000 deaths per year occur from Surgical Mistakes -- along with an untold number of injuries. The consequences of Surgical Errors range from mild, quickly resolving problems to severe, lifelong disability or death. When a preventable severe injury or death occurs, it becomes a tragedy for both the patient and their family. Errors during Surgery may be committed by the Surgeon, Anesthesiologist, and/or Operating Room Staff. Common examples include:

Failure to determine whether the Patient is a proper candidate for Surgery
Failure to properly monitor the Patient during Surgery
Failure to perform the Surgery within the accepted Standards of Care
Leading instruments or other Surgical articles in the Patient
Failure to properly stem bleeding before closing the Surgical wound
Failure to appropriately detect and fix repairable complications of Surgery Post-Operatively -- including bleeding, leaks and infections
Failure to prescribe proper Post-Operative care and follow-up

If you or a loved one have been victimized by a Surgical Error, and sustained significant injuries thereby, you need a Law Firm with the experience and resources to bring your claim. It is very important to make a Surgical Malpractice claim in a timely fashion -- since the Statutes of Limitations for Medical Malpractice and Wrongful Death are very short. Such claims can be lost in as little as one year following improperly performed Surgery, and just two years after a Wrongful Death caused by Surgical catastrophe. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of Surgical Malpractice and their families. We have a full-time physician on staff to review your case along with a proven track record of bringing satisfaction to those injured by Surgical Malpractice. We are not afraid to go up against any Surgeon or Hospital. We offer no-charge consultation and will be happy to discuss your potential claim. Don't let the compensation you and your family may be entitled to lapse by failing to file your claim in a timely fashion -- contact us today to discuss your potential Surgical Malpractice case at no cost to you.

BIRTH INJURIES

The birth of a child should be a joy beyond compare -- and every care should be taken to ensure the baby is born without injury and with opportunity for a happy, healthy life. While doctors and hospitals are not responsible for every birth defect, Medical Mistakes can cause a tragic defect when the baby would have been healthy otherwise. Childbirth injuries range from mild, quickly resolving problems (e.g.broken collarbone, forceps mark) to severe, permanent injuries (e.g. nerve damage to limbs, strokes, cerebral palsy). When a birth injury is severe, it both deprives the injured Child of the full potential -- and becomes a worrisome, stressful, and costly undertaking for the entire family.

Medical Errors may occur before, during or after delivery -- harming both the new baby and their family. Examples of Medical Negligence resulting in Birth Injuries include:

Failure to give proper Prenatal Care
Failure to monitor the Mother's Medical Conditions
Failure to monitor Fetal size
Failure to Induce Delivery in a timely fashion
Failure to ensure the Baby has a smooth Delivery
Failure to take proper care of the Baby once Delivered

If the Birth Injury could have been prevented with proper care, both the Baby and their Family may have a claim. There are often exorbitant costs when caring for a severely injured child. While the injured Child's claim can be brought until they reach legal age, the Family's claim must be brought very quickly -- within just one year from birth (or reasonable discovery of Birth Injury) -- or be lost forever. Whether or not the Family's claim has elapsed, compensation should be sought for a Child who sustained Birth Injury -- but before this legal claim is lost at age 19. If you have any questions about Statutes of Limitations for making claims, please call our office.

When a preventable Birth Injury has occurred, it takes a Law Firm with experience and resources to properly pursue a claim. At Goldberg Law Offices, we have over 18 years of experience helping adult and child victims of Medical Malpractice. We have a full-time physician on staff, and Obstetrical physicians and nurses to review potential Birth Injury claims. We offer consultation at no charge to discuss a Birth Injury case and determine whether compensation is available for the injured Child and their Family. While financial compensation cannot turn back the hands of time and prevent the injury, it can help with future expenses resulting from preventable Birth Injury. Please contact us today so we may get started on reviewing your potential claim for a Childhood Birth Injury arising from Medical Malpractice.

MEDICATION ERRORS

Modern Medicine uses a dazzling array of potent Medications to help and even care maladies that were once beyond hope. For Medical Therapy to be successful, a doctor must prescribe the right Medicine and the proper dosage -- and those filling the doctor's orders must do so correctly. unfortunately, Medication Errors remain rampant -- according to the non-profit Institute of Medicine, an estimated 3 million Medications Error occur annually -- with 420,000 causing serious injuries and 98,000 proving fatal. While today's wonder drugs are more effective than ever against disease, they are also very dangerous -- or even deadly -- when Medication Error occurs.

Medication Errors by health professionals may be committed by the Physician, Nurse, Pharmacist or even the company manufacturing and marketing the drug. Examples of Medication Errors include:

Prescribing a Medication to which the Patient has a known intolerance or allergy
Prescribing or Administering the you wrong Medication
Giving the Wrong Dose of the Medication
Giving a Medication through the wrong route (e.g. intravenously instead of intramuscularly) into a patient
Mislabeling of the Medication, Mis-Marketing the Medication, or lack of complete Prescribing information and/or disclosure of side effects by the Drug's Manufacturer
Mislabeling of a Medication and/or misreading a Prescription in the Pharmacy
Failure to prevent predictable Drug interactions
Failure to recognize that the Patient's signs and symptoms are due to Medication Error
Failure to remedy Drug Interactions in a speedy and effective manner, leading to further injury or death

If you or a loved one have been victimized by a Medication Error, and sustained significant injuries thereby, you need a Law Firm with the experience and resources to bring your claim. It is very important to make a Medication Error claim in a timely fashion -- since the Statutes of Limitations for Medical Malpractice and Wrongful Death are very short. Such claims can be lost in as little as one year following illness or injury from a Medication Error -- and just two years after a wrongful death caused by a Medication Error. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims out of Medication Errors and their families. We have a full-time physician on staff to review your case along with a proven track record of bringing satisfaction to those injured by Medication Errors. We're not afraid to go up against any Doctor, Hospital, Pharmacy or Drug Manufacturer. We offer no charge consultation and will be happy to discuss a potential claim. Don't let the compensation you and your family may be entitled to lapse by failing to file your claim in a timely fashion -- contact us today to discuss your potential Medication Air case at no cost to you.

EMERGENCY ROOM MISTAKES

In times of Medical Emergency, we rely on the skill of America's Emergency Doctors to save lives. While many people come to Emergency Rooms with less urgent conditions, for some even minutes or seconds mean the difference between life and death. The Emergency Room staff must be able to sum up the situation quickly and accurately -- and the Emergency Doctors making the correct diagnosis is crucial for prescribing effect of therapy. In the Emergency Room, failure to pay proper attention to the Patient Signs and Symptoms -- and failing to obtain an accurate History, conduct a thorough Physical Examination and order proper Tests -- may prove to be a death warrant for the Emergency Patient.

Emergency Departments can be very busy and short-staffed -- but every Patient deserves the highest Standard of Care expected of American Physicians, Nurses and Hospitals. An Emergency Physician must resist the temptation to make snap judgments -- giving each Patient the Evaluation and Treatment they need and deserve. Many life-threatening conditions can be cured or at least help when detected and treated in time -- but result in tragedy when sought-out care falls short in the Emergency Room.

Failure to correctly evaluate and treat an Emergency Room patient is tragic when it leads to severe injury or death -- especially knowing that disaster for the patient and her family was preventable if proper attention had been given in the Emergency Room. Common examples of Emergency Room mishaps include:

Failure to diagnose a life-threatening condition despite concerning Signs and Symptoms or a worrisome change from previous health status
Failure to perform a targeted yet thorough History and Physical Examination
Dismissing worrisome Signs and Symptoms as "psychological," "exaggerated" or attention seeking"
Failure to pay attention to concerns of Family members or others who accompany the Emergency Patient
Failure to order necessary Tests to confirm or deny Clinical suspicions of illness
Misreading Laboratory, EKG and/or Radiology Test results
Failure to consult necessary Specialists
Inappropriate discharge of a dangerously ill patient
Improper or inadequate Discharge Instructions

If you or a loved one have been victimized by Emergency Room Negligence -- and sustained significant injuries thereby -- you need a Law Firm with the experience and resources to bring your claim. It is very important make an Emergency Department Malpractice claim in a timely fashion, since the Statute of Limitations for Medical claims and Wrongful Death are short. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of Emergency Department Negligence and their families. We have a full-time physician on staff to review your case and a proven track record of bringing satisfaction to those injured by Emergency Department Negligence. We are not afraid to go up against any Emergency Physician or Emergency Department. We offer no-charge consultation and will be happy to discuss your potential claim with you. Don't let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion -- contact us today to discuss your potential claim at no cost to you.

FAILURE TO DIAGNOSE

Modern Medicine works wonders for Americans every day -- but to work, it is crucial that the Patient's condition be properly diagnosed. A Physicians making the correct diagnosis is essential for their prescribing effect of therapy. The basis of proper diagnosis is a careful History and Physical Examination. Despite the marvels of new testing technologies which help doctors detect formally hidden diseases, it is the Physician's responsibility to correctly order and interpret tests in regard to each Patient's unique presentation. The most advanced testing is useless if not utilized -- and failure to order and properly interpret needed tests is a breach in the Physician's responsibility to the Patient. Many potentially life-threatening conditions can be cured or at least helped when diagnosed early -- but are sadly beyond much hope if detected too late for effective therapy to be given.

Failure to Diagnose or outright Misdiagnosis is tragic when it leads to severe injury or death -- especially knowing that disaster for the patient and their family could have been prevented. Common examples of Misdiagnosis include:

Failure to diagnose a serious Medical condition such as Cancer or Heart Disease despite concerning Signs and Symptoms
Failure to obtain a complete History including Family History of serious maladies
Failure to perform a thorough Physical examination
Dismissing worrisome Signs and Symptoms as "psychological" or exaggerate"
Failure to order crucial tests to explain abnormal Signs and Symptoms
Failure to order proper follow-up studies in response to an abnormal test or tests
Failure to refer a Patient to the proper Specialists
Treating a patient with toxic therapy for a Medical or Surgical condition they do not have

If you or a loved one have been victimized by such failure of timely Diagnosis, or frank Misdiagnosis -- and sustained significant injuries owing to Medical Negligence, you need a Lot Firm with the experience and resources to bring her claim. It is very important to make a Medical Malpractice claim in a timely fashion, since the Statutes of Limitations for Medical Malpractice and Wrongful Death are short. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of Medical Misdiagnosis and their families. We have a full-time physician on staff to review your case and a proven track record of bringing satisfaction to those injured by failure to Diagnose. We are not afraid to go up against any doctor or hospital. We offer no-charge consultation and will be happy to discuss your potential claim. Don't let the compensation you may be entitled to lapse for failure to file your claim a timely fashion -- contact us today to discuss or test claim at no cost to you.

HOSPITAL NEGLIGENCE

American Hospitals are the envy of the World -- and people travel from distant Countries to get the benefit of our unmatched Medical Facilities. Whether Emergent, Urgent are Elective, we expect the best quality care from our coveted Hospital System. Patients literally put their lives on the line when they are admitted to the Hospital. In times of serious illness, it is crucial that life-saving care is tendered in a manner that is not life-threatening. While a Hospital does not "practice medicine," it does have policies and procedures to assist patient safety, care and comfort. A Hospital Negligence claim may stand alone or be filed in conjunction with a Physician Malpractice claim. A Hospital is responsible for the actions of its Staff employees -- and even the best facilities will render substandard care if individual Staff members are incompetent, uncaring, indifferent and/or negligent. Shortfalls in necessary Hospital care may prove tragic to the Patient and their Family -- and be deserving of compensation.

Hospital care is complex and may fail on many levels -- the key questions are whether the Hospitals employees and agents acted reasonably and in anticipation of foreseeable problems unique to each Patient. Physicians may or may not be employees of a Hospital, but are expected to act within the Hospital's Staff Bylaws and conform to specified Policies and Procedures regarding Patient Care. Likewise, Physicians depend upon the Hospital Nursing Staff and other Health Workers (e.g. Laboratory, Radiology, Physical Therapy) to carry out their orders and apprise them of important data on the health of their patients. Lapses in communications between the Hospital's Physicians and Nursing Staff can prove tragic for the Patient and their Family when a life-threatening condition is involved. Examples of Hospital Negligence include:

Failure to follow a Physicians Patient Care Borders
Carrying out apparently mistaken, improper, or unreasonable Physician Orders
Giving medicine or treatment to the wrong patient
Giving the right patient the wrong medicine or treatment
Failure to apprise the Physician(s) of important changes in Patient condition
Failure to accurately document the Patient's condition
Failure to listen and attend to an important health concern of the Patient
Failure to pay attention to concerns of Family members who are with the Patient
Failure to ensure the safety of the Patient anywhere in the Hospital
Improper or inadequate Discharge Instructions from the Nursing Staff

If you or a loved one have been a victim of Hospital Negligence -- and sustained significant injuries thereby -- you need a Law Firm with the experience and resources to bring your claim. It is very important to make a Hospital claim in a timely fashion, since the Statutes of Limitations for Medical claims and Wrongful Death are very short. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of Emergency Department Negligence and their families. We have a full-time physician on staff to review your case and a proven track record of bringing satisfaction to those injured by Hospital Negligence. We are not afraid to go up against any Hospital or other Health Care Facility. We offer no-charge consultation and will be happy to discuss your potential claim. Don't let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion -- contact us today to discuss your potential claim at no cost to you.

DANGEROUS AND DEFECTIVE DEVICES

Modern Medical Technology is astounding -- it gives new lease on life to Patients and their Families everyday. Melding humans with machines which improve quality of life can be as simple to amazingly complex -- from a walker to an electronic prosthetic limb for mobility; from a hearing aid to a cochlear implant for deafness. However simple or complex, Medical devices are meant to help Patients -- not harm them further.

Each year hundreds of novel and improved Medical Devices hit the market -- in hopes of profiting the Manufacturers while helping Patients. The Food & Drug Administration ("FDA") is responsible for overseeing that every new Medical Device is tested for safety and efficacy. However, it is ultimately the responsibility of the manufacturer to ensure that forthright data is communicated to the FDA -- including supplementation when new information comes to light. Medical Device Manufacturers have long been pushing the over-stretched FDA to relax its approval provisions. This situation has led to the FDA frequently granting speedy approval based upon "substantial similarity" to existing Medical Devices.

Once approved, the Manufacturer remains responsible for design and production, marketing information conveyed to Physicians and adequate labeling including appropriate warnings. Patients justifiably rely on Medical Devices and presume they have been proven safe and effective. When such Devices fail, it can lead to tragedy for Patients and their Families. Examples of Medical Device Defects include:

Heart Defibrillators that activate at the wrong times are not at all
Prosthetic Implants that break one to micro cracks during manufacture
Cosmetic Implants made of the wrong materials causing allergy and/or rejection
Orthopedic Hardware which is not manufactured to specifications
"Sterile" Prosthetic Parts which are contaminated with germs when I first opened
Aids for weight-bearing which collapse when used
Devices for repair of Major Blood Vessels (e.g. aorta) which clog them instead
Anesthesia machines which deliver the wrong mixture of gases
Insulin Pumps which give large, unintended doses of Insulin
Contaminated Dialysis Filters which sicken and/or kill
Catheters (tubes) which break off pieces into the bloodstream

The fault for Injury or Death from these devices may rest with the Physician, the Manufacturer -- or both. If you or a loved one are (or have been) the victim of a dangerous or defective Medical Device -- and sustained significant injuries thereby -- you need a Law Firm with the experience and resources to bring your claim. It is very important to make a Defective Medical Device claim in a timely fashion, since the Statutes of Limitations for clients of Injury and/or Wrongful Death are very short. If you have questions about the time-frame for bringing a claim, please contact our office.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of faulty Medical Products and their families. We have a full-time physician on staff to review your case and a proven track record of bringing satisfaction to those injured by Medical Devices. We are not afraid to go up against any Medical Device Manufacture, Physician or Hospital. We offer no-charge consultation and will be happy to discuss your potential claim. Don't let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion -- contact us today to discuss your potential claim at no cost to you.

VA MALPRACTICE

The Veterans Administration Hospitals ("VA") should be a blessing to those who have valiantly served our country-- and often continue to serve. Veterans deserve a special thank you for having risked their lives to protect our way of life. Veterans, in turn, are grateful that a system exists especially to help take care of them. That feeling of appreciation is short-lived, however, when severe or even fatal injury occurs because of Medical Malpractice in a VA Hospital. While well-conceived, the Veterans Health Care System is often woefully underfunded in short-staffed. While there are many excellent, dedicated Physicians and Health Care Workers in VA Hospitals, some are frankly not "top-notch." Given the relatively low salaries they can pay, VA Hospitals may hire those who have trouble finding Health Care jobs elsewhere. Unfortunately, this may result in deficient Patient Care, and even outright Medical Malpractice upon those who have served our Country well.

Furthermore, VA Hospitals are by and large teaching hospitals, where young Doctors learn the ropes. Although it is essential to train new Doctors, the "rotation system" (where new Doctors switch patients monthly) fragments the crucial continuity of care -- increasing the chances of "dropping the ball" on any particular patient. Moreover, the new Doctors often have primary responsibility for managing Patients -- unlike the Private Hospital setting where one's Attending Physician oversees care during the entire admission. Having a new Doctor every month is a dangerous situation for Veterans with complex medical problems -- and not surprisingly leads to frequent claims of Malpractice in VA Hospitals.

Although they are Government Funded Hospitals, the Standard of Care in VA Hospitals is no different than at any Private Hospital. There is no excuse to give Veterans inadequate Medical Care. Recognizing this, and in a continuing effort to improve care for Veterans, the Government allows itself to be sued for Medical Malpractice committed in VA Hospitals. While Veterans and their Families prefer a good medical outcome to a lawsuit -- and one cannot have both at the same time -- making a legal claim is often the only way to get compensation for Veterans and/or their Families following Malpractice in a VA Hospital.

When pursuing a claim, it is crucial to retain an experienced Attorney who knows about the special issues involved in bringing a claim for Injuries and/or Wrongful Death in the VA System. The Government has special rules regarding such claims, and they must be followed for the claim to prevail. The law for the a Claims is very different for claims in State Court against civilian Doctors and Hospitals -- and one's Attorney must understand these differences and act accordingly while pursuing a successful claim for Malpractice against the VA Hospital System.

At Goldberg Law Offices, we have over 18 years of experience in helping victims of Medical Malpractice and their families. We know how to bring claims for Veterans who have been harmed instead of helped in VA Hospitals. We have a full-time physician on staff to review your situation and determine whether you have a valid claim for pursuit. We are not afraid to go up against any Physician or Hospital -- including those of the Veteran's Administration.

We offer no-charge consultation and will be happy to discuss your potential claim involving Malpractice at a VA Hospital or other VA Health Facility. Victims of Medical Malpractice and their families deserve compensation -- no matter where the Malpractice occurred. Don't let the compensation you may be entitled to lapse for failure to file your claim in accordance with the specialized VA Rules -- contact us today to discuss your potential claim at no cost to you.

Research Resources

The Merck Manual

Steven M. Goldberg Co., LPA