Medical malpractice is generally defined as the negligent or incorrect performance of the professional duties of doctors, hospitals, health care providers such as nurses and institutions as well as claims arising from product liability, personal injury, and wrongful death. This area of the law allows the injured person to sue in a private action called a civil action or 'tort action.' A tort is a wrong against a person. Any accident or injury against a person can constitute a tort - from car accidents, defective products, or the negligence of a professional. However, medical negligence may be limited by statute. The medical skill and knowledge expected of doctors will depend on the particular practice specialties they have and the geographic area or community where the doctor practices. However, certain standards exist throughout the United States.
The dividing line between legitimate and illegitimate claims is not always clear, but the main difference is the medical result. If the error leads to death or catastrophic life-long incapacity or injury, it is generally legally viable claim.
It is necessary to seek advice from medical experts, who can be very costly to hire. Because of the highly complex nature of the claims, it is best to speak with an attorney who specializes in medical malpractice law. At Villari & Lentz, we consult with experienced medical experts that help us take your case to trial.
Malpractice can happen in a number of ways. Emergency Rooms (ER) have the highest percentage of negligence. The reasons for this are relatively obvious. The ER is usually the first course of action in a life-threatening situation . ERs are usually busy and staff are limited on time when evaluating a sick or injured person for treatment according to the seriousness of the condition or injury – better known as ‘triage.’ The most frequent cause of error is mistaken diagnosis and delay or lack of treatment. Sometimes, even if a correct diagnosis is made, the physician doesn't follow a proper course of treatment.
MEDICAL MALPRCTICE IN HOSPITALS TO DAY
Surgical errors are also common. Reactions to anesthesia cause many deaths and malpractice injuries each year in addition to improperly monitoring a patient during and after surgery. Occasionally during procedures such as gastric bypass surgery, sponges, clothes stained with blood (making them difficult to see), and surgical instruments are left inside patients. These objects can cause infections and lesions and require painful and risky reversal surgery to remove the objects.
Obstetrical malpractice can lead to serious injuries including infants born with cerebral palsy and Erb' Palsy, hypoxic ischemia, encephalopathy as a result of improper delivery and fetal distress.
The following questions should be met to qualify as a viable claim of medical malpractice:
was there a provider-patient relationship?
was care rendered negligent?
has the patient suffered damage or harm?
was the damage or harm done to the patient a direct result of the negligent care?
Personal injury and wrongful death lawsuits are filed when someone’s negligence or wrongful conduct results in the death of another. This area of tort law can involve every area of tort practice. From a legal standpoint, the last point is significant. With tort reform laws and insurance companies limiting their liability when negligence or death occurs, advice from both medical and legal experts is needed. The law office of Villari & Lentz has decades of experience in medical malpractice litigation. We have fought for fair and complete compensation for clients who have suffered a broad range of injuries and disabilities including:
Defective eye laser surgery
Misdiagnosis
Failure to diagnose
Labor and Delivery malpractice
Patient safety is the ultimate goal. If you have questions or concerns about a personal injury or medical negligence claim, contact an attorney today!
Gavin P. Lentz, Esq.
215-789-9670Leonard G. Villari, Esq.
215-789-9672
The dividing line between legitimate and illegitimate claims is not always clear, but the main difference is the medical result. If the error leads to death or catastrophic life-long incapacity or injury, it is generally legally viable claim.
It is necessary to seek advice from medical experts, who can be very costly to hire. Because of the highly complex nature of the claims, it is best to speak with an attorney who specializes in medical malpractice law. At Villari & Lentz, we consult with experienced medical experts that help us take your case to trial.
Malpractice can happen in a number of ways. Emergency Rooms (ER) have the highest percentage of negligence. The reasons for this are relatively obvious. The ER is usually the first course of action in a life-threatening situation . ERs are usually busy and staff are limited on time when evaluating a sick or injured person for treatment according to the seriousness of the condition or injury – better known as ‘triage.’ The most frequent cause of error is mistaken diagnosis and delay or lack of treatment. Sometimes, even if a correct diagnosis is made, the physician doesn't follow a proper course of treatment.
Gavin P. Lentz, Esq.
215-789-9670
Leonard G. Villari, Esq.
215-789-9672