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Medical Malpractice

Guidant Defibrillator Recall

Guidant recalled over 100,000 cardiac defibrillators due to defects causing serious injury & death. Guidant failed to reveal that for three years some of their defibrillators would short-circuit. The FDA has reported that 20 out of every 1000 defibrillators malfunction.

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Did You Know?
Just 7% of New York's Doctors Are Responsible for Two-Thirds of Malpractice Costs.

spacer According to a National Academy Institute of Medicine study, each year more people die from medical errors than from motor vehicle accidents (43,458), breast cancer (42,297) and AIDS (16,516).

A Harvard Medical School study found that over 5% of all hospital patients were injured as a result of medical malpractice.

Did you lose a loved one due to malpractice? Unsure if an injury was caused by medical negligence? Our attorneys focus on the representation of injured patients. We can help answer your questions and vigorously defend your rights. Contact Us
 


How Large Is The Problem of Medical Malpractice?

Medical malpractice is a much greater problem than most people realize. Each year, in the United States, approximately 80,000 people are dying due to medical malpractice. This figure is based on the extensive study "Patients, Doctors and Lawyers: Medical Injury, Malpractice Litigation, and Patient Compensation in New York," published by the Harvard Medical Practice Study in 1990 [PDF]. This Harvard study was a report to the State of New York and has been confirmed by similar studies. While these medical malpractice statistics are alarming, it is even more disturbing that these statistics do not even include medical malpractice deaths that have occurred in clinics, private doctors offices, or other treatment facilities.

How Common Are Medical Malpractice Lawsuits?
With all the cases of medical malpractice that occur, there are only a few claims filed. Another report performed by Harvard, the "Harvard Medical Practice Study" [PDF], found that only one in eight patients that suffers due to medical malpractice ever files a lawsuit. The report concluded that medical malpractice is not accessible enough for the victims of medical malpractice, including things like birth injury. A New England Journal of Medicine article found that only 2% of people that are injured by medical malpractice seeks compensation through a lawsuit. We have been successful at representing and obtaining compensation for the victims of medical malpractice that is rightfully theirs.

What Is Considered Medical Negligence?
Medical Malpractice occurs when there is a deviation from the accepted standard of care in the community or locality where the doctor or hospital is located. An injury is considered medical malpractice, not because of unforeseen complications, but rather if the complications were the result of improper care and treatment. By failing to properly diagnose an illness or condition, such as cancer, in a timely manner can be considered medical negligence. We provide the highest level of legal expertise for New York medical malpractice cases including birth injuries such as cerebral palsy. Please feel free to contact us so that you can speak to a qualified New York medical malpractice attorney.
 

Additional Medical Malpractice Topics
  >  Anesthesia Errors
  >  Birth Defects
  >  Birth Injury
  >  Brachial Plexus Palsy
  >  Cancer Misdiagnosis
  >  Cerebral Palsy
 
 >  Erbs Palsy
 >  Medical Malpractice News
 >  Medication Error
 >  Plastic Surgery Errors
 >  Psychiatric Malpractice
 >  Surgical Error
 

 

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  • Medical Malpractice FAQs
       >  What is medical malpractice?
       >  How does a case result in medical malpractice?
       >  What kind of mistakes can result in medical malpractice?
       >  How do I know if I have a medical malpractice case?
       >  What is the definition of a medication error?
       >  How does a jury decide if a doctor's actions were within the standard of care?
       >  I signed a consent form before my doctor performed surgery. What did it mean?
       >  What if I'm just not satisfied with the results of my surgery? Do I have a malpractice case?
       >  What is the medical malpractice standard of care?
       >  My plastic surgeon made a mistake and admitted it. Do I have a malpractice case?
 
  • Medical Malpractice Glossary
    If you have injured due to the negligence of a doctor, nurse or someone serving in a medical care capacity, these terms will be useful to you as you work through the claim process: adjudicate, answer, contingency fee, damages, deposition, failure to diagnose, hospital malpractice, liability risk, occupational therapy, terminal illness, wrongful death, etc.
     
  • Cerebral Palsy Glossary
    If you are the parent of a child with cerebral palsy, or suspect medical malpractice may have caused a birth injury, the following terms can help you to better understand the medical and legal terminology you may encounter as you speak with medical and legal professionals.
     
  • Contact Us Online   |   Toll Free: 800.400.8182   |   oshmanlaw@yahoo.com
     

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Areas of Practice

  • Medical Malpractice
    • BIRTH DEFECTS
    • BIRTH INJURY
    • BRACHIAL PLEXUS PALSY
    • CANCER MISDIAGNOSIS
    • CEREBRAL PALSY
    • ERB'S PALSY
    • MEDICATION ERROR
    • SURGICAL ERROR
  • Personal Injury
    • BACK INJURY
    • BURN INJURY
    • BRAIN INJURY
    • EYE & VISION INJURY
    • FRACTURE
    • HEPATITIS
    • KNEE INJURY
    • NECK INJURY
    • ROTATOR CUFF
    • RSD
    • SPINAL CORD INJURY
  • Pharmaceutical Litigation
    • ACCUTANE
    • ADDERALL
    • ADVAIR
    • BEXTRA
    • CYTOTEC
    • DEPO-PROVERA
    • ELIDEL
    • EPHEDRA
    • FENTANYL
    • FOSAMAX
    • GUIDANT
    • HEART STENTS
    • KUGEL MESH PATCH
    • NOVANTRONE
    • ORTHO EVRA
    • PROTOPIC
    • QUININE
    • REMICADE
    • REZULIN
    • SEROQUEL
    • SSRIs
    • TAINTED TISSUE
    • TEQUIN
    • TRASYLOL
    • VIOXX
    • ZELNORM
    • ZYPREXA
  • Toxic Tort
    • ARSENIC
    • ASBESTOS
    • BENZENE
    • BIRTH DEFECTS
    • CADMIUM
    • CREOSOTE
    • LEAD POISONING
    • MERCURY
    • TOXIC MOLD
    • WELDING RODS
  • Tortious Acts
    • AUTO ACCIDENT
    • CONSTRUCTION ACCIDENT
    • ELEVATOR ACCIDENT
    • NURSING HOME ABUSE
    • SEXUALLY TRANSMITTED DISEASES
    • TRUCK ACCIDENT
    • WORKPLACE ACCIDENT
    • WRONGFUL DEATH
  • Commercial Litigation
    • ERISA ACT
    • OVERTIME
 
 
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