HOSPITAL NEGLIGENCE LAWYER

Medical malpractice affects thousands of patients across the country every year. Here are a few examples of medical malpractice:

Anesthesia Errors

Negligence shown by medical professionals can result in anesthesia errors, which can be a massive source of pain and suffering for patients. There are three types of anesthesia: general, regional, and local. The administration of each one of them depends on the circumstances of the surgery. They have different possible complications as well. Anesthesia awareness is among the most commonly reported anesthesia errors. It is a condition in which the patient remains awake during the surgery. They can feel and see the surgery taking place, much to their horror.

If anesthesia isn’t administered correctly, which causes the patient to die or suffer injuries, the negligent medical professional can be sued for damages. Patients who’ve suffered from anesthesia errors are eligible to receive compensation for their emotional and physical injuries.

Cases of negligence on the part of a medical professional such as an anesthesiologist, include:

• Failure to provide adequate instructions to the patient regarding the surgery or procedure
• Emergency Room mistakes/errors
• The shutdown of the alarm present on the pulse oximeter
• Usage of faulty equipment
• Failure to utilize the machines properly
• Failure to intubate properly
• Late administration of anesthesia
• Failure to take action upon observing changes in the patient’s vital signs
• Failure to consistently monitor the patient’s vital signs
• Administration of drugs to allergic patients
• Administration of incorrect dosage of the anesthetic drug
• Administration of drugs that are known to interact negatively
• Administration of the wrong drug

While emergency rooms are often rushed and hectic, medical professionals cannot use this as an excuse to drop their standards of care while treating their patients. Negligence from nurses, doctors, and other medical professionals may cause severe and debilitating injuries. When errors occur in the emergency room, the victim can file a lawsuit to receive compensation for their injuries.

Instances of emergency room errors include the following:

• Failure to read test results, X-rays, and charts accurately
• Failure to diagnose heart-related problems, placed the patient at increased risk of heart trouble.
• Misdiagnosis or delayed diagnosis, especially of conditions like pulmonary embolisms, strokes, appendicitis, aneurysms, and blood clots
• Failure to administer the right medications
• Failure to treat or recognize postoperative infections
• Failure to consistently monitor patients after their procedures

Hospital Malpractice

Some hospital negligence lawsuits even sue the hospital in which the patient’s injuries were sustained. Firstly, hospitals can be charged with not having adequately evaluated the qualifications, educational certifications, and experience of their employees. If hospitals hire an underqualified or incompetent medical professional for a job, they may be considered liable for the injuries sustained by patients who such incompetent employees treated. For example, if a particular hospital does not check an employee’s certification or degree before hiring him/her, and they go on to cause an injury to a patient, the liability may also fall upon the hospital.

Additionally, staff members and hospital employees may engage in unprofessional conduct that could be considered medical malpractice. A few instances of such a scenario are:

• Failure to make an accurate diagnosis
• Refusing to provide proper treatment to a patient or neglecting them willfully
• Ignoring the patient due to which their condition has now become unstable
• Failure to refer the patient to specialist medical professionals if the current physician’s ability to treat the patient was insufficient
• Failure to order important diagnostic tests could have helped find available treatment options.
• Administration of the wrong medication or wrong dosage
• Erroneous administration of anesthesia
• Misusage of medical equipment
• Performance of nonconsensual or pointless surgical procedures
• Failure to follow established hospital protocols, which resulted in injuries or infections.

Hospital Vicarious Liability

A hospital can be held vicariously liable for injuries that were caused due to the negligence on the part of their medical professionals, including nurses and technicians. That’s because employers are required to supervise and direct their workers. This liability also covers the negligence on the part of the employees and systemic problems in the hospital’s administration, which may include unreasonably long waiting times for ER services and infections contracted from unsanitary medical instruments.

A hospital generally cannot be considered liable for negligent actions displayed by independent contractors. A vast majority of doctors aren’t hospital employees. They’re often freelance contractors who also operate private practices on their own time. Hospitals are only held negligent for actions displayed by independent contractors when it can be conclusively proved that they lack the necessary experience or qualifications for the position. If the hospital’s ‘apparent agency’ or ‘permission’ was granted for their actions, the hospital can also be held liable. If the attorney is able to provide evidence that the patient fully believed the medical professional to be a hospital employee and that this belief had an integral role to play in the injury, the hospital can be sued as well.

A few hospitals attempt to overcome this problem by requiring their freelance medical professionals to notify the patients about them not being hospital employees. They may also be required to wear signs that indicate this status clearly in the facility. In case the patient was not provided with adequate information regarding their physician’s freelance contractor status, the hospital administration can be held liable for injuries suffered by the patient.

Medical Device Error

While disease prevention, diagnosis, and treatment often require medical devices, their misuse or failure can cause the patient to suffer serious injuries or even death.

There are three categories of medical device defects – inadequate warnings, manufacturing defects, and design defects. These defects may result in injuries or death, following which the device manufacturer can be held liable in a lawsuit.

Additionally, medical professionals may also misuse these devices. If a patient sustains injuries due to negligence, recklessness, inadequate knowledge, or improper training, the medical professionals who misused the medical device can be liable for the resulting injury.

Misdiagnosis or Delayed Diagnosis

Not diagnosing a disease or illness on time may have a devastating impact on a patient’s life and their family. Any injuries due to a delayed diagnosis or misdiagnosis may cause patients to suffer long-term physical impairments and debilitating pain, or even prove fatal in some cases.

Many commonly misdiagnosed medical conditions include: vascular diseases, ectopic pregnancies, appendicitis, infections, brain tumors, prostate cancer, ovarian cancer, lung cancer, and breast cancer.

To file a lawsuit for misdiagnosis to receive compensation, the injured patient has to provide conclusive evidence of negligence on the part of the medical professional.

Here are a few instances of negligence that results in a misdiagnosis:

Failure to listen properly to information provided by the patient: If a patient informs their doctor regarding their condition, the doctor has a duty to listen carefully and examine every symptom they report. If they don’t examine a symptom, which results in the patient getting sicker over time, the doctor may be held liable.

Failure to diagnose symptoms: A doctor is trained to give a diagnosis based on the symptoms shown by their patients. If they are unable to make the correct diagnosis in spite of irrefutable evidence suggesting a particular illness, they may be considered liable.

Failure to check medical history: A doctor must check their patients’ family and personal medical histories. They are assumed to have been negligent if they don’t examine their patient’s family and personal medical histories, as a result of which the patient only gets sicker. If a simple reading of the patient’s history would have yielded the diagnosis, and the doctor did not do so, he or she may be held responsible.

Did you or any of your loved ones fall prey to medical malpractice? Reach out to us today, and we’ll evaluate your case, no strings attached.

Ordering improper tests: If a doctor orders the wrong tests after evaluating their patients’ symptoms, and further injuries are sustained despite the difficulties, the doctor may be liable for negligence. Not ordering standard tests upon observing specific crucial symptoms may also be grounds for negligence.

Failure to interpret test results correctly: When a doctor orders a test for his patient, they’re also required to interpret the results accurately. If they interpret the test results carelessly, it could be considered to be a case of negligence. They will also be considered liable for all resulting illnesses or injuries.

According to the Society to Improve Diagnosis in Medicine, Diagnostic error is one of the most important safety problems in health care today, and inflicts the most harm. Significant diagnostic errors are found in 10% to 20% of autopsies, suggesting that 40,000 to 80,000 patients die annually in the U.S. from diagnostic errors.

When a patient is misdiagnosed, their actual disease or illness has more time to advance without the patient receiving adequate treatment for their condition. In some cases, this could even result in the patient’s death. Additionally, being misdiagnosed with an illness could result in the patient undergoing risky and painful treatments without any reason. In both cases, doctors who were responsible for the misdiagnosis will be held accountable for negligence and be held liable for the losses suffered by their patients.

Postoperative Negligence

This term refers to all the monitoring and care received by a patient after their treatment or surgical procedure. Healthcare professionals must monitor their patients for any complications that may arise due to treatment or surgery, prevent and treat infections, monitor their vital signs, and provide comprehensive instructions to their patients regarding post-surgical care. They should also avoid possible complications and prescribe appropriate medicine to their patients to speed up their healing process. In case a doctor doesn’t monitor their patient properly or record apparent symptoms, this could result in the patient suffering from severe injuries. In such cases, a medical malpractice suit can be filed by the patient.

Here are a few conditions, illnesses, and infections commonly observed due to postoperative negligence:

• Peritonitis
• Respiratory infections like pneumonia
• Pulmonary embolism or blood clots
• Bloodstream infections
• Methicillin-resistant Staphylococcus Aureus (MRSA);
• Staphylococcus (Staph) infections;
• Urinary tract infections (UTIs);
• Organ perforation;
• Tissue necrosis (death);
• Conditions at the site of surgery;
• Necrotizing fasciitis;
• Internal bleeding
• Viral infections;
• Sepsis;

Reach out to the Rozhik Law Firm PLLC today for a free consultation with a top-notch attorney about your hospital negligence lawsuit.

Car Accident Lawyer Representing Automobile Accident Victims – Specifically Motorists That Are Uninsured

The Insurance Information Institute released a report in 2012 revealing that 5.3% of drivers in New York are uninsured, as the numbers grow in 2020 due to the coronavirus or COVID pandemic it is crucial to be careful. Although this is a low percentage in comparison to other places, the fact remains that thousands of individual drivers are on the road without insurance. If an automobile accident were to transpire, and the driver responsible is uninsured, parties involved can be devastated financially, physically, and emotionally. The Rozhik Law Firm PLLC’s car accident lawyer can navigate you through any type of insurance claim process. These New York automobile accident attorneys can tell you if you are eligible for a lawsuit involving personal injuries.

The Fundamentals of an Automobile Accident Involving an Uninsured Motorist

When people sustain an automobile accident involving a driver who is uninsured, they will wonder how injuries will be paid for. Although “No-Fault” regulations in New York are still applicable, another insurance coverage type is available to you.

As with just about any automobile accident in the city, you will need to evaluate your PIP (personal injury protection) coverage. With that said, the coverage of $50,000 is capable of depleting fairly fast. Thankfully, another option is at your disposal.

Familiarizing Yourself with Coverage for Uninsured Motorists

Besides PIP coverage, all drivers are obligate to purchase UM (uninsured motorist) coverage. Such coverage safeguards parties involved if the responsible driver either drives away from the scene or is uninsured. $25,000 worth of coverage – at a minimum – is available per person. The minimum amount of coverage available per accident is $50,000.

Although UM coverage like this is definitely helpful, serious injuries (like spinal cord injuries or traumatic brain injuries) may warrant much more money.

If you buy SUM (supplemental underinsured/uninsured motorist) coverage – in addition to UM and PIP coverage, you might qualify for usage of that, too. You will need to meet all five criteria in order to use the SUM coverage:

• Losses need to have transpired because of the accident.
• You must ensure on your policy.
• Bodily injury limitations must surpass the ones the other driver has sustained.
• You must acquire an offer for a policy limit.
• The timely notice must also be provided.

To navigate through the system, get in touch with a car accident attorney in New York who has experience.

MVAIC Claims

An organization called the MVAIC (Motor Vehicle Accident Indemnification Corporation) was put together to provide benefits for victims of automobile crashes. As well as cyclists and pedestrians that sustained injuries from an uninsured automobile. MVAIC offers as much as $50,000 worth of no-fault benefits. They also offer as much as $25,000 worth of coverage to individuals who got hurt in an accident.

Having a claim filed through the MVAIC will help with the recovery process if you have sustained injuries from an accident. Nobody in the household you live in – yourself included – owns a vehicle (or did when the accident transpired).  MVAIC will also be applicable if coverage gets denied or even disclaimed. t will also apply if the collision involves a hit/run, a stolen automobile or if the owner of the vehicle did not provide the driver with permission to access the vehicle (permissive use denial).

MVAIC Benefit Requirements

• You were a part of an automobile accident in the city of New York. When the accident transpired, you were legally a New York resident. Under certain circumstances, people who reside in other states might qualify for some or all MVAIC benefits. However, if you weren’t a New York resident when the accident transpired, and you want to know if you are eligible for benefits, contact the MVAIC by email [email protected] or by phone (646) 205-7800 if:

• You don’t have any other form of car insurance. If neither you nor any relatives who live in your household own a motor vehicle that is insured, you’ll need to have a claim filed with the respective insurance company in order to determine if you have coverage under that specific policy (in order to receive benefits).
• You weren’t the one who owned the uninsured automobile involved in the accident.
• Inside the uninsured automobile, you weren’t the passenger, nor were you a spouse of whoever owns said uninsured vehicle.
• You must follow several requirements involving specific time frames. If those time frames are different, then it may negatively impact your eligibility.
• The accident needs to be reported within a 24-hour span of the collision incident to a Peace Officer (the police).
• An NOI will be submitted to the MVAIC within three months of the accident if the collision involved either an unidentified automobile or a hit/run.
• An NOI will be submitted to the MVAIC within six months of the accident if the collision involved an unidentified automobile.

The MVAIC might request a Crash Claim accident form and/or an official police report. Such documentation will need to be submitted alongside the NOI claim forms.

Requirements listed above are part of the NY Insurance Law, as explained in the section marked “Article 52.”

You must report the accident within a 24-hour window of the collision happening (or as quickly as possible, within reason). Failure to do so may prevent you from making a claim with the MVAIC, particularly if the accident is considered to be a hit/run.

Personal Injury Lawsuits: You Have the Right to Have a Case Filed

No-Fault Laws in the city of New York (as well as the UM coverage required) are developed to cover costs without any need to file a lawsuit or claim against anyone else. With that said, if death or serious injury is involved, then New York’s Insurance Law (5104) will provide any injured parties (and/or members of their family) the right to launch a negligence case against the opposing driver.

“Serious injuries” can be described as any kind of injury resulting in the following:

• Death.
• Dismemberment.
• Limitation or permanent inability to use a body system, function, member, or organ.
• Miscarriage.
• Fracture.
• Significant disfigurement.

If the injuries you sustained meets at least one of the above definitions, and/or involves an impairment or injury (non-permanent) that stops you from engaging in daily activities (moving about, self-care, etc.) for half of the initial six months after the collision, then you will be well within your rights to have a personal injury case filed.

When a personal injury case is launched, you might be able to seek economic damages (lost wages, medical expenses, etc.) in addition to damages for suffering and pain. You might also qualify for damages pertaining to loss of life enjoyment or lost wages.

Note: you might not be able to recover compensation – even if the case rules in your favor. If the opposing driver doesn’t have insurance, then they won’t have any money to pay for your damages.

Proof of Negligence in Car Accidents Involving Uninsured Motorists

The motorist will be at fault or negligent just because they lack insurance. You need to prove that the driver is responsible for the collision, as well as the injuries you sustained from it. Some common forms of evidence for accident cases involving uninsured motorists include the following:

• Witness testimonies.
• Police reports.
• Medical reports.
• Video or photos of the scene of the accident.

Richard F. Rozhik Esq. is an experienced car accident lawyer in New York City. The firm will assess your situation before advising you on what your options are, moving forward.

Get in touch with us by filling out the form below or calling (917)567-1963. We will meet with you for a case evaluation consultation, which is completely free. Every aspect of compensation will be looked into. That way, you can focus on recovering instead of stressing out about bill payments.

Car Accident Lawyer Near Me

Rozhik Law Firm’s offices are situated in the city of Brooklyn, New York. With that said, we serve accident victims all over the metropolitan area of New York City. The clients that we represent are situated in just about every borough in the city. One of our firm’s best car accident lawyer will visit you in the event that you can’t visit the office because of your injuries. Free transportation is also available – we will drive you to our offices and bring you back home after the consultation.