Connecticut Medical Malpractice Law Firm Serving Victims in Stamford, Danbury, Bridgeport, Shelton and all of CT
When you or a loved one need medical help, you reach out to someone you trust. You assume that person will do all they can to help you but, you also understand not all medical treatment goes as planned. A bad outcome sometimes does not just happen by chance, it happens because of the negligence of a healthcare provider.
If you have been injured, or a family member has been injured or killed because of medical malpractice, the lawyers at the Berkowitz and Hanna LLC can help you get through this difficult time. We will aggressively fight to protect your legal rights and for fair compensation for the injuries that have been suffered.
The use of anesthesia during surgery is a commonplace practice and is responsible for many modern medical advancements. However, improper administration of the drug or inadequate monitoring of the patient under its effects can result in serious injury or death. Any errors in the anesthesia process could be grounds for a medical malpractice lawsuit.
Birth injuries are particularly troubling because they happen at the start of a person’s life, causing years of trouble and pain that can never be undone. While most babies’ births happen without incident, occasionally doctors make mistakes and things go wrong. In the United States, 27 out of every 1,000 births involve a form of injury.
Blood Transfusion Mistakes
In certain medical cases, it’s necessary for doctors to perform blood transfusions for a patient’s survival, particularly when patients are victims of severe trauma, receiving heart surgery or being treated for cancer. Discrepancies in the blood transfusion process can result in serious injury or death.
Brain damage occurs when the blood or oxygen supply to the brain gets cut off, killing brain cells that, unlike other cells in the body, do not regenerate. A few common brain injuries can result from negligence on the part of the medical team, such as anoxia and hypoxia, in which the brain suffers from a lack of oxygen.
Given the importance of diagnosing cancer in its early stages, a misdiagnosis on the part of a doctor can prove expensive, harmful, or even fatal. A cancer misdiagnosis can occur when a physician makes no diagnosis or, after being presented with a patient showing symptoms of a form of cancer, diagnoses an incorrect disease.
The severity of heart disease in the United States makes cardiology errors on the part of a physician particularly harmful for a patient and his or her family. When cardiologists fail to properly treat patients for heart problems, such as a failure to diagnose, misdiagnosis or mistreatment, a plaintiff must provide substantial evidence that malpractice has occurred.
Cerebral palsy damages the brain and affects a person’s ability to coordinate his or her body movements. Caused by abnormality or disruption in the brain, it usually develops before a child is born or during childbirth. The severity of the brain damage will determine the harm to the patient.
While we expect doctors to be infallible pillars of strength when it comes to our medical health, occasionally they will make mistakes that lead to undesirable outcomes for patients. Diagnostic mistakes can often lead to serious illness, injury or death.
With the rapid pace of modern life, we often don’t have the time or ability to care for our elderly loved ones, causing many of us to entrust their care to assisted living facilities and nursing homes. There are a variety of signs when looking for elder abuse, such as unexplained nervousness and fear or reluctance to talk.
Emergency Room Errors
Emergency rooms can be hectic, stressful and overwhelming for both patients and healthcare providers, but procedures should always be in place and followed to ensure that all patients receive the appropriate care and attention they deserve.
Erb’s palsy, or Erb-Duchenne palsy, is a birth injury caused by the stretching or tearing of the brachial plexus, a nerve system that extends from the spinal cord to the arms and hands. Those with Erb’s palsy may not be able to move their arms or may only be able to move fingers.
Failure to Diagnose
We trust our doctors to properly identify and treat different health issues when they arise. When a doctor fails to appropriately diagnose and treat a patient’s condition, it can lead to expensive, harmful, and life-threatening results.
Heart Attack Misdiagnosis
While heart disease accounts for a quarter of all deaths in America, heart attacks are still frequently misdiagnosed, sometimes leading to serious injury or death. Legal action might be justified in the case that a misdiagnosis was made due to lack of appropriate testing.
Hospital malpractice encompasses a variety of legal issues, such as failure to get informed consent, product liability, breach of duty, and, most commonly, negligence. Plaintiffs must prove the hospital owed them a duty of care and that such duty was breached.
When we go to a hospital for medical care, the last thing we assume is that we’ll leave in worse condition than when we entered. In some cases, however, hospitals make mistakes that lead to serious injury or harm, or in some cases death.
When things go wrong in the medical profession, sometimes the whole system is at fault more than an individual health care professional. These are cases of hospital malpractice, when a patient is wronged because of mistakes on a large scale by people that a hospital employs.
Improper Medication Errors
When people are prescribed medication by their doctor, most assume it’s the right medication to help them with their health issues. Sometimes people end up with not only the wrong medication, but medication that may lead to serious injury or death.
The most important factor in treating any cancer is catching the disease early and diagnosing it properly, and leukemia is no different. A misdiagnosis of leukemia, like any cancer, results in a major loss of treatment time for a patient, and can very often lead to death.
Preventable mistakes due to negligence are some of the most unfortunate occurrences in life. In the medical profession, preventable mistakes can often lead to serious injury or death. Medical negligence, or medical malpractice, is a leading cause of death in America.
Whether at a hospital or a pharmacy, you can be the victim of a preventable medication error. Medication errors can result in serious injuries or death, and many are caused by simple mistakes such as sloppy note taking, illegible handwriting, similar packaging, or incorrect dosages.
While medical malpractice and negligence affects those with physical injuries or ailments, it can also affect those with psychiatric injuries or ailments. Psychiatrists, psychotherapists and other mental health professionals are just as liable as other healthcare professionals for any sort of negligence.
Technology is only as effective as those who use it. In the medical world, radiology is no different. Radiology malpractice is constituted by any preventable mistake during radiology procedures, such as failure to diagnose a condition or disease, misdiagnosis of a disease, or failure to use the appropriate method of diagnosis.
Robotic Surgery Malpractice
The concept of robotic surgery may create the image of a mistake-free surgical procedure, due to the lack of possibility of human error. In reality, robotic surgery can prove to be just as risky and harmful to patients as any other surgery. Robotic surgery systems are marketed as a safer and less expensive method of performing surgery.
Spinal Cord Injuries
Spinal cord injuries can occur whether you’re on the wrong side of an awkward tackle during a football game or involved in a serious car accident. They’re severely damaging, sometimes fatal injuries that have lifelong consequences for those who sustain them.
Even for relatively minor procedures, surgery can be a terrifying experience for people. We trust our surgeons to make each incision with expert precision so that our ailments may be healed without causing any extra damage.
Weight Loss Claims
Even after trying various diets, exercise regimens and weight loss medication, sometimes the best or only way for a patient to significantly lose weight is surgery. Like all surgical procedures, weight loss surgery is risky and can have unforeseen and unwanted consequences when surgeons make preventable mistakes.
Untimely death is always difficult for those who live on, but knowing that the death was preventable and caused by negligence or recklessness makes the situation that much more saddening. If somebody causes the wrongful death of a family member, your family may be entitled to compensation for the loss.
X-ray technology, along with other radiologic technology, is one of the most effective tools that the medical profession has ever seen for observing the human body and diagnosing diseases. Unfortunately, if x-ray technology is not used properly by healthcare professionals, serious conditions and diseases can be overlooked and take away the vital treatment time needed for healing.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, or other healthcare provider’s negligence or recklessness leads to an injury, death, or worsening of the treated condition. Medical malpractice and negligence can occur in a variety of scenarios, including wrong site surgery, misdiagnosing a condition, failing to fully inform a patient of the possible dangers of a treatment, and misreading x-rays or other medical test results. It is one of the leading causes of serious injuries and deaths in the United States.
Medical malpractice boils down to a deviation from the generally accepted standard of medical care, with injuries or damages occurring as a result. To prove that deviation in court, two things must be shown. First, you must prove that a standard of care, which is the customary and proper methods of diagnosis and treatment generally recognized and accepted by that particular branch of the profession in that particular geographic area, was established. Second, it must be proven that there was a departure from that standard of care under circumstances which justify the conclusion that the required degree of care was not met.
While standard of care does provide guidelines, it also generally allows flexibility in treatment of the patient. There may be several different approaches to help a patient, and it is not malpractice if the treating medical professional chooses from generally accepted courses of action and uses reasonable exercise in that judgment. The professional has a duty to exercise the degree of care, knowledge, and skill ordinarily possessed and exercised in similar situations by the average member of the professional in his field. Therefore, if the treating professional’s actions and decisions fall into this range, even if a mistake occurs and harm is done, there is no malpractice.
Burden of Proof Is on the Plaintiff
The plaintiff has the burden of showing, to a reasonable degree of medical probability, that the treating professional’s negligence was the proximate cause of the injury. Proximate cause involves establishing the primary cause of an injury, not necessarily the closest cause in time or space, nor the first event that set in motion a sequence of events leading to an injury. There also needs to be a reasonable degree of medical probability, which represents the general consensus of recognized medical thought and opinion concerning the probabilities of conditions in the future based on present conditions.
For instance, if the medical malpractice claim is an infection caused by a negligently performed operation,
- The plaintiff would have to show, to a reasonable degree of medical probability, that something about the negligent act(s) involving the operation caused the subsequent injury.
- The defendant might claim that the acts were not negligent and/or that the injury had some other cause independent of the operation.
- The plaintiff would also have to show that there were damages caused by the malpractice: economic loss, medical bills, emotional distress, pain, suffering, loss of enjoyment of life, disability, and impairment.
Medical malpractice cases can be highly technical, with both medical and legal issues involved. Proper use of effective expert witnesses can be key to having a successful case. Given how complex these cases are, you need experienced, effective medical malpractice attorneys to defend your legal rights and protect your interests. Choosing an attorney with little or no medical malpractice experience or trying to settle your case on your own may seem appealing, but could end up costing you in the end.
Contact Berkowitz and Hanna LLC to Discuss Your Malpractice Case
Our knowledgeable attorneys understand that medical mistakes can be devastating, leading to a lifetime of disability, ongoing medical treatments, and hardship. Our experienced lawyers will be tireless advocates for you and your family and will aggressively fight to ensure all responsible parties are held accountable and that you receive appropriate compensation for your injuries.
Contact a medical malpractice attorney at our offices in Stamford, Bridgeport, or Danbury, so that we can discuss what happened, the applicable laws, and your best legal options moving forward. Statutes of limitations apply, so call us today at (866) 479-7909 or request a free consultation on our contact us page.