Medical Malpractice is term used by lawyers to describe a specialized area of the law involving the negligence of a health care provider. A health care provider commits medical malpractice when his or her actions or inactions fail to meet the accepted standard of care for a health care provider in that field or specialty. Medical negligence happens in many different ways, including surgical errors, failing to properly diagnose an illness, medication errors, failing to obtain informed consent for a procedure, emergency room errors, nursing home mistreatment and many others. In addition, Medical negligence can occur in a variety of settings. It can occur in a hospital, at an out-patient clinic, a surgical center, a doctor’s office or a nursing home.
Injuries caused by medical negligence can lead to catastrophic injuries, including:
- Spinal Cord Injuries
- Brain Damage
- Burns and Disfigurement
- Wrongful Death
- Erb’s Palsy
- Cerebral Palsy
- Nerve damage
- Neck and back injuries
- Surgical injuries
- Failure to Diagnose Cancer
- Birth injuries
- Fetal Asphyxia
Unfortunately, medical malpractice is far too common. In 1990, Harvard University Medical School published a now-famous study on medical malpractice in New York called “Patients, Doctors and Lawyers: Medical Injury, Malpractice Litigation, and Patient Compensation in New York.” In that study, Harvard University shed national light on the problem of medical negligence in New York, finding that approximately 80,000 people die each year in hospitals because of medical error, and that 5 percent of all hospital patients were injured as a result of medical malpractice.
In 1999, the Institute of Medicine published a report entitled “To Err is Human,” concluding between 44,000 and 98,000 Americans die each year from preventable medical errors in hospitals alone. That number does not account for those who are merely injured in a hospital, or those that die from medical errors outside the hospital. In other words, more Americans die each year from medical negligence than from motor vehicle accidents, breast cancer and AIDS.
Medical cases are far more complex than a traditional personal injury claim, and they involve several critical steps that are not commonly associated with car accident cases or slip and falls. At The Mills Law Firm, LLP, we have developed a network of expert witnesses, and we have the unique privilege to employ a physician who was formerly the Medical Director of a local hospital. Unlike some other local law firms and attorneys, we have the ability, expertise and experience to critically examine and analyze the medical records, identify areas of medical malpractice and quantify the impact of the medical injury on you and your family.
If you or a loved one has suffered what you believe is a medical error, legal remedies may include monetary damages for medical care and treatment, lost wages, lost future earnings, lost future benefits, pain and suffering and loss of enjoyment of life. Please contact the experienced trial lawyers at The Mills Law Firm, LLP to schedule a free, initial legal consultation. We can be reached at (518) 373-9900.