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Medical Malpractice Archives

Court rules against states damages cap in malpractice case

When people hear of medical malpractice lawsuits in New York, they may be quick to dismiss them as money grabs be bitter patients who were not happy with their medical services. In reality, however, the potential for people to use such action as a vehicle to earn millions of dollars is often limited as many states put a cap on the amount of economic or non-economic damages one can be awarded in a malpractice lawsuit. While this may keep healthcare providers from having to pay inordinate amounts for their malpractice insurance coverage, the ones who may really suffer from such legislation are those patients whose issues warrant significant compensation.

Defining the dangers of relying on heuristics in healthcare

You go to a doctor in Manhattan typically expecting the following: a brief review of your medical record, some questions about why you felt the need for the visit, a physical assessment, and some diagnostic tests to determine what may be wrong with you. The end goal of this process to come up with a reliable diagnosis. However, as we here at Rosenbaum and Rosenbaum, P.C. can attest to, doctors may allow their opinions to be swayed by factors other than the clinical indicators they see from you.

Medication errors can endanger the lives of patients

When seeking medical treatment in New York, patients expect healthcare professionals to provide the very best in care. However, mistakes can and will happen, especially when it comes to prescribing medication. That's why it's crucial that both the health care community as well as patients remain vigilant against the possibility of medication errors.

Suing a doctor for misdiagnosing Alzheimer's

Many misdiagnosis suits focus on what wasn't done. The doctor thought it was the wrong disease therefore precious time was wasted treating an illness that wasn't there. Furthermore, the patient endured the side-effects of the medications and treatments associated with that misdiagnosed disease. But there is a second concern, the harm caused by the actual misdiagnosis. If a doctor tells you that you have Alzheimer's you are likely to find the news crushing, even perhaps to the point of suicide. Thus, misdiagnosis suits develop from two points, the lost time to combat the real disease and the mental anguish from dealing with the misdiagnosed disease.

What plastic surgeries are the most dangerous?

Gone are the days when plastic surgery consisted of breast enhancements and botox injections. Now there are plastic surgeries to enhance or repair a variety of issues from facial wrinkles to rough elbows and shaved down toes. There are plastic surgeries to alter just about any part of the human body. But the proliferation of procedures does not mean that the associated risk is reduced. This post will go over the three procedures that incur the most injuries and unintended consequences.

Medical malpractice damage caps explained

In response to rising medical insurance premiums, many states passed medical malpractice "caps." You are still entitled to compensatory damages for your injuries, however, what you can recover and for what is capped. The largest share of these damages was for pain and suffering and is the first place most states limited malpractice liability. This post will go over these damages caps.

An overview of the four types of nursing homes

Nursing homes are private facilities that provide shelter and care to people who are aged, infirm, sick or disabled. The vast majority of nursing homes receive funding through Medicare and Medicaid and are thus subject to substantial federal regulation and oversight, in addition to state regulators.

Common questions associated with surgical errors

Some errors are obvious, like forgetting objects inside of patients. Some mistakes are difficult to detect, as the case of one woman who lived with a sponge in her body for four years. This post will address the various injuries that questions that arise during surgical errors.

Do lawsuits drive up the costs of healthcare?

A common argument with politicians seeking "tort reform" is to say that doctors practice defensive medicine. Tort reform is a series of laws designed to overhaul medical malpractice litigation. The idea is to reduce your ability to recover just compensation for your injuries while partially shielding doctors and hospitals from correcting preventable errors. Defensive medicine occurs when doctors order more tests than medically necessary as a protection against potential litigation.

Medical malpractice suits require careful consideration

Putting your life in another person's hands takes a tremendous amount of trust. These feelings of loss and confusion can be overwhelming but it is important that you clearly think through any decision you choose. You don't want to make any rash choices. Here are six things to consider before filing a lawsuit.


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