In one of two ways:

1. He fails to recognize the signs and symptoms of an impending heart attack, or an ongoing heart attack, or

2. He fails to properly interpret the tests that were taken.

Let’s talk about #1 above. Typically, a patient will go to a hospital emergency room with complaints of belly or chest pain. The pain could be radiating from the chest to the shoulder or arm. The patient might be sweaty and clammy. They could be experiencing crushing chest pain. The problem arises when the patient’s complaints are not typical for what is commonly seen in a heart attack victim.

The words “heart attack” are a misnomer. What do I mean? The doctors refer to a heart attack as a “myocardial infarction.” It basically means one of two things: (1) That part of your heart muscle has died, or (2) The blood vessel(s) that supply the heart with blood and oxygen has been cut off, causing part of your heart to starve and possibly die.

When we hear that someone has had heart bypass surgery, it usually means that one or more of the blood vessels that supply the heart with blood and oxygen has been restricted or obstructed, and surgery was done to allow blood to ‘bypass’ or go around the obstruction.

Sometimes when a patient presents to a doctor or an emergency room with an upset stomach or back pain, the doctor may not correctly interpret the symptoms, and may incorrectly diagnose the patient as having a gastric problem (a problem with their digestive system) and not a cardiac problem. The problem arises when the patient returns home and hours or days later, they die as a result of a ‘heart attack’.

Let’s discuss #2 above, where the doctor incorrectly interprets the EKG or a stress test, and thinks it’s normal, when in reality it is not. Again, the patient is discharged home with instructions on diet and exercise and to follow up with their doctor or cardiologist in a few weeks. Needless to say, the patient returns home and days, weeks, or even months later, the patient dies of a heart attack.

What does a New York medical malpractice attorney look for when evaluating a claim of “failure to diagnose a heart attack?” Your attorney needs to know the following:

1. If you had been correctly diagnosed at the time you had symptoms, what treatment would you have had? Would you have had a stent put in your cardiac artery or vein (a stent is a device designed to open up a clogged artery or vein, and is put in using a catheter, instead of having major open-heart surgery)? Would you have received nitroglycerin to help ease the flow of blood and reduce your pain?

2. Would you have had elective open-heart bypass surgery? By elective, I mean that you have had time to discuss the surgery with your doctor and learn about the risks, benefits and alternatives to the surgery. Sometimes when a patient has had a heart attack, tests might reveal that many of the blood vessels supplying the heart are severely clogged. The patient may then need emergency bypass surgery, and you may not have a chance to discuss any alternatives, as there may not be any at that point.

3. If elective bypass surgery were done, and there was no blood vessel that remained clogged, would you have suffered the heart attack that you ultimately did? If the answer is no, then your potential malpractice case just got stronger. In other words, if your injuries were preventable if you had been timely diagnosed, you would not be in the condition you’re in now. That’s very significant and important.

Recently, I had the privilege of representing a young man whose cardiac condition was misdiagnosed. He had gone to a hospital with complaints of chest pain that was incorrectly diagnosed. He was told to follow-up with his cardiologist to address his ongoing complaints of chest pain. Three months later, this young man suffered a devastating heart attack, killing off a large part of his heart muscle. When the records were reviewed by cardiologists (heart doctors) we learned that the doctors initially misread the diagnostic tests that were performed, and missed the key opportunity to perform elective heart bypass surgery. As a result of that failure, months went by where the young man continued to complain of chest pain. The heart attack has destroyed this man’s life. Unfortunately for him, his heart attack was totally preventable.

A heart attack may be preventable. Let your lawyer know what symptoms, if any, you had when you saw your doctor and what was done for you. Tell your attorney the details of what went on in the emergency room and what tests they performed to find out if you had or were having a heart attack. Prevention is always best. Knowing that a heart attack could have been prevented is second best.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry’s FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

How could this happen in today’s day and age? Here’s an apparently well-trained physician who claimed, according to his PR person’s statement that “He was unaware that what he was doing was incorrect.” Give me a break. It’s common knowledge that you don’t re-use needles, and you certainly don’t re-use syringes. Why would anyone re-use a syringe? It makes no sense.

Here’s how it happened, according to the New York State Department of Health:
The anesthesiologist used a clean needle and syringe to obtain medicine from a vial. The medicine was injected into patient #1. The anesthesiologist removed the needle and then replaced the needle onto the syringe that he had used for patient #1. He then sticks the new needle and old syringe into the original medicine vial he used for patient #1. He then injects medicine into patient #2.

After an investigation by the department of health, they determined that a trace amount of patient #1’s bodily fluids likely ended up in the syringe after the first injection. When this doctor inserted the new needle and old syringe into the old medicine vial, it likely contaminated it with patient #1 blood. The tainted medicine vial was then used to inject other patients.

Infection control is critical to preventing errors such as this one where two patients suffered hepatitis from this doctor’s improper infection control. The doctor claims that he was cleared by the Department of Health, and given remedial instruction on how to use these ‘multi-use’ vials.

However, when looked at from a legal point of view, and not from a Department of Health regulation point of view, one could certainly argue that there was a departure from good medical care that resulted in significant harm (the hepatitis) to the patient.

I’ll leave it to the politicians to point fingers at the New York State Department of Health and the Nassau County Department of Health about why they didn’t notify this doctors’ patients two years ago about the possibility they may have contracted hepatitis from this improper procedure.

Importantly, if you believe you contracted hepatitis or other infectious disease from improper infection control, you should contact an experienced New York medical malpractice lawyer immediately.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com

Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

Causes of Birth Injuries

Another cause of debilitating birth injury results from lack of oxygen to the brain during delivery. The lack of oxygen at this critical time can result from either an anoxic injury or a mechanical injury. An anoxic injury is caused by a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements during delivery.

Similar brain damage also can result from a mechanical injury or physical trauma during birth. A skull fracture is just one devastating consequence of this kind of trauma. The improper use of forceps, suction, or force to the baby’s head can all result in this, or other types of mechanical injury.

Signs of Birth Injury

The signs that a fetus has a higher risk of birth injury include:

* A difficult and long labor
* Improper use of medication or other substances by the pregnant mother
* An abnormally large fetus
* Breech birth (buttocks first)

The risk increases if there is an unreasonably long delay in performing an emergency cesarean section. A pregnant woman with gestational diabetes also has an increased chance of complications at birth.

While estimates vary, it appears that between two to seven babies, out of every thousand births, will suffer birth injuries. Therefore, it is important to take every precaution to have a healthy delivery, by seeking out a competent obstetrician or pre-natal physician and carefully following his or her advice and instructions.

Why You Need a Lawyer

There are many reasons why you should consult with an attorney about your legal rights.

Peace of Mind

If your child has a birth injury, it may have been caused by medical malpractice. You owe it to your child and your family to see if the real cause of your child’s condition can be determined. A competent attorney will obtain all relevant medical records, review all documentation, and consult with leading medical experts to determine definitively whether a medical professional’s negligence caused your child’s condition.

The Lifelong Cost of Caring for Your Child

The cost of caring for a child who suffers from birth injuries can be financially catastrophic. A family can expect significant expenses throughout the child’s lifetime, because the condition may not improve over time. This is an extreme hardship for most families, who are already struggling with the emotional circumstances created by the responsibility of caring for a severely injured child. If the child’s condition is determined to be the fault of a hospital or physician, then there should be medical malpractice insurance in place to provide financial compensation for these costs.

Proving any type of medical malpractice case is a complicated process, and this is certainly true of a claim on behalf of a child with birth injury. It may take an attorney hundreds of hours to gather all of the documentation, make a determination, and file the appropriate claim on your child’s behalf. You need a lawyer who is well versed in the complicated laws that govern these actions.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Law Offices of Samuel I. Bernstein, our Michigan personal injury and medical malpractice law firm, has represented the victims of serious instances of medical malpractice since 1968. Article Source: http://EzineArticles.com/?expert=Marya_Sieminski

Today, the circumstances are a little different. With the evolution of technology and scientific discovery, our knowledge of the human body and its processes are becoming increasingly accurate. We can determine what action to take in different situations in order to ensure the most profitable outcome. Despite these improvements, birth injuries still occur. These can be caused by a number of different things, ranging from inadequate medical care to natural pregnancy complications.

Some of the most common are as follows:

Abnormal position refers to the way the baby is positioned in the mother’s womb. While doctors can try to reposition the baby, the process can incur even more complications, like tangling the umbilical cord, which can eventually strangle the baby.

Large babies, those that way 8.5 pounds or more, can cause injury to the mother during birth. In some cases, the baby is too large for the birth canal, and in others, the baby can rip or tear flesh, forcing an operation to be done in order to retrieve the baby. This can also occur when the baby is too mature and has been in the womb for a several days beyond the expected delivery date.

Abnormal birthing presentation, the case in which the baby comes out the wrong way (buttocks or feet first), is also another cause of birth injury. In most instances, the doctor can detect or predict the likely outcome of this occurrence in order to prevent injury, but it’s not always the case.

These examples are only three of the possible causes of birth injury. More often than not, though, the fault isn’t on the mother’s genetic makeup, like her size or the nature of her labor. It is sometimes a result of malpractice, a doctor who is does not handle with care or who ignores vital signs that could prevent such injuries from occurring.

When this happens, it’s important to know that there are people who can help. If you or someone you know has been the victim of birth injury due to medical malpractice, consult this website for more information on how you can protect yourself: http://www.birth-injurylawyers.com/

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

If done correctly, a forceps delivery can save the baby’s life or prevent it becoming severely hypoxic, or oxygen deprived. If an infant goes without oxygen for too long, severe and permanent brain damage can occur. Likewise, use of forceps might be the only way to deliver the child or protect its head because of improper positioning. Because of the vulnerability of a baby’s skull, it is extremely important to care for the head. If a doctor does not take necessary steps to shelter the skull, brain damage can result.

The most severe risks of forceps deliveries to babies include facial nerve damage and cerebral palsy. With facial nerve damage, permanent facial asymmetry may occur, especially evident when the child laughs or cries. Cerebral Palsy develops when damage to the cerebrum of the brain occurs, resulting in motor control difficulties. Although it is a non-progressive disorder, meaning the brain damage does worsen with age, there is no known cure. Cerebral Palsy is considered the second most expensive developmental disability to manage over the course of a lifetime, with the average lifetime cost nearing about $921,000. Its exact cause is not known but it is almost always linked with birth trauma, including improper forceps delivery, as well as hypoxia, premature birth, multiple births, and certain infections in the mother both before and after birth.

If you are interested in learning more about forceps deliveries, this site about traumatic birth injuries can help. Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Most people believe that if the receive medical treatment and have a bad result, medical malpractice has occurred. This is, in fact, not the case. A bad result might mean malpractice occurred, but then again it might not. Doctors are not held to a standard wherein they have to provide a perfect result every time. Medicine and the human body just do not work that way.

So, what is the secret to understanding your medical malpractice case? It has to do with elements. To prevail in a lawsuit, you must prove certain elements in a case. Generally speaking, these elements are the standard of care, a breach of that standard, causation and damages. Keep in mind that every state has a slightly different version of this law, but this is the general standard for purposes of this article.

The standard of care is often a confusing issue of many. It simply means the minimum standard of care that is required of medical professionals in the community for the particular treatment in question. The standard is established through expert testimony in most cases.

The breach of the standard of care is pretty much what it sounds like. Having established the standard of care, did the defendant fail to meet it? This is again established through expert testimony.

Causation is vital element of the claim as well. If a doctor performs below the standard of care, it doesn’t matter unless it “causes” some damage. If the doctor performed a knee surgery below the standard of care, it doesn’t matter if you are claiming an elbow injury!

Damages are, of course, the final element that must be proved. This is usually done by showing bills related to further medical care. A more subjective claim for “pain and suffering” is usually made as well. Essentially, this is the point where monetary damages are suggested by the plaintiff and argued against by the defense.

If you have received medical treatment you have questions about, you should speak with a medical malpractice attorney in your area. They can give you the low down on the treatment you’ve received and the local standards that apply.

Aazdak Alisimo writes medical malpractice articles for MedicalMalpracticeAttorneyNet.com where you can find a medical malpractice attorney in your area.

Article Source: http://EzineArticles.com/?expert=Aazdak_Alisimo

Today, the circumstances are a little different. With the evolution of technology and scientific discovery, our knowledge of the human body and its processes are becoming increasingly accurate. We can determine what action to take in different situations in order to ensure the most profitable outcome. Despite these improvements, birth injuries still occur. These can be caused by a number of different things, ranging from inadequate medical care to natural pregnancy complications.

Some of the most common are as follows:

Abnormal position refers to the way the baby is positioned in the mother’s womb. While doctors can try to reposition the baby, the process can incur even more complications, like tangling the umbilical cord, which can eventually strangle the baby.

Large babies, those that way 8.5 pounds or more, can cause injury to the mother during birth. In some cases, the baby is too large for the birth canal, and in others, the baby can rip or tear flesh, forcing an operation to be done in order to retrieve the baby. This can also occur when the baby is too mature and has been in the womb for a several days beyond the expected delivery date.

Abnormal birthing presentation, the case in which the baby comes out the wrong way (buttocks or feet first), is also another cause of birth injury. In most instances, the doctor can detect or predict the likely outcome of this occurrence in order to prevent injury, but it’s not always the case.

These examples are only three of the possible causes of birth injury. More often than not, though, the fault isn’t on the mother’s genetic makeup, like her size or the nature of her labor. It is sometimes a result of malpractice, a doctor who is does not handle with care or who ignores vital signs that could prevent such injuries from occurring.

When this happens, it’s important to know that there are people who can help. If you or someone you know has been the victim of birth injury due to medical malpractice, consult this website for more information on how you can protect yourself: http://www.birth-injurylawyers.com/

Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Any injury caused to a patient as a direct result of the neglect or incompetence on the doctor’s part is termed medical malpractice. Instances of medical malpractice are seen whenever a patient – without justification – suffers prolonged or increased suffering, either because of a delay in diagnosis or because of a faulty diagnosis or treatment. In serious cases, this can even lead to lifelong debility or death of the patient.

If you are a victim of medical malpractice, you have put up with preventable pain because of your doctor’s fault. You are thus entitled to claim compensation to make up for your suffering. Remember, however, that to be able to do so, you will have to prove that your doctor was at fault.

This is a four-step guide to help you file a winning medical malpractice claim:

Step 1: Determine whether the doctor was at fault. The only way to do this is to thoroughly research the information available on your specific medical condition. Remember, you are dealing with a subject that your doctor knows more about than you do. To prove that he is guilty you will need to:

• Speak to specialists

• Refer to medical literature

• Talk to other patients with a similar condition

Step 2: Find out if you have a valid claim. This is not necessarily the same as the above. For a claim to be valid, you should have suffered a reasonable amount of distress. What’s more, you should be in a position to prove that your distress was caused due to your doctor’s mistake. An inconsequential delay, for instance, that caused you slight inconvenience, will not constitute a valid claim.

Step 3: Collect incriminating evidence. In a medical malpractice case, evidence will generally consist of your medical reports along with records of all the treatment prescribed by your doctor.

Step 4: Hire a lawyer. A competent lawyer will help you to handle complicated legal formalities and, if it comes to that, to fight your case in court.

Diana Joseph has an in-depth knowledge in dealing with in injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims. Please contact her for further information on claims related issues.

Article Source: http://EzineArticles.com/?expert=Diana_Joseph

Is it malpractice if a doctor fails to inform a patient that their MRI result is abnormal?

Is it a departure from good and accepted practice if a radiologist misreads a chest x-ray, that in hindsight shows a malignant mass that turns out to be lung cancer?

Is it wrong for a doctor to put surgical clips across the common bile duct when doing a laparoscopic gallbladder removal?

What do you think of a doctor who takes cash for a procedure, does a “half-baked” job, and refuses to return the money to the patient? Would it sound better if I told you the doctor gave up his license to practice, abandoned his patients, and now each of his patients with “sub-standard” treatment must get corrective treatment at the going rate, which is double or triple than what this doctor originally charged?

What about the case of a man who collapses at home, is rushed to the emergency room, has emergency surgery on his intestines and he comes out of surgery needing to have his hand amputated days later.

Maybe this one will catch your attention:

A woman goes into the hospital for a total knee replacement. The surgery goes well. In the recovery room a drain in the knee is attached to a tube for drainage. Unfortunately, the nurse who attached the drain tube attached it to an oxygen line instead of a suction line. Instead of fluid being pulled out of the knee space, air was being pumped INTO the knee. Since the knee was a closed space, the air blew into the space directly under the skin and muscles, travelled up her entire leg, inflating her leg like a balloon, then going up to her belly, causing her belly to become as large as a pregnant woman’s. The doctors were eventually alerted to this inexplicable condition and rush the woman into the operating room where they had to perform emergency surgery to find out why her belly was inexplicably becoming larger and larger.

Immediately upon opening her belly, a huge amount of air was released- like a balloon that is quickly deflated. Turns out, there was nothing wrong with her belly. Working backwards, the doctors were able to figure out that the drainage tube had air going into her knee which then travelled up to her belly, causing her to look like a hot-air balloon. The failure to recognize the mistake led this woman to have emergency abdominal surgery–something that she did not need. Her anticipated hospital stay of one day turned into a week-long stay with complications following the belly surgery.

What about the man who had eye surgery to repair a drooping eyelid and came out of surgery being blind? Turns out that the eye surgeon cut his optic nerve during surgery, and only realized the horrible mistake a day later- too late to fix the problem. The man is now permanently blind.

What common recurring theme is found in each of these cases?

Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://www.medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

Victims of medical malpractice who are injured for life, such as those who are maimed, have an obvious reason to file a lawsuit. These people already know that since they have suffered from medical malpractice they should find a local malpractice attorney office to claim their due. After all, these victims are very likely either working two jobs to pay off their mounting medical bills that bad doctor caused them, or they are too injured to work. Many of these victims are at home in bed, in pain, and worried about how their bills are going to be paid.

Other victims of medical malpractice include the family and friends of the person who was killed due to a doctor’s negligence. These persons are left to pay the medical bills of their loved one, as well as pay costly funeral expenses to put the original victim to rest.

Many victims of medical malpractice suffer primarily mental or financial anguish. These people are the lucky victims we get to meet, and we believe they have been appointed to stand up for what the injured, the maimed, and the dead cannot: Fight against medical malpractice so that more lives are not ruined or lost.

Your medical malpractice lawsuit is a tool to help refocus American doctors on what’s important. Hit their pocket book and see that they think about their patients and not the golf ball. If you have a medical malpractice case on your hands, hand it to competent local medical malpractice attorneys who see the bigger picture.

Andre Zayas is a professionally syndicated author.

Attorneys

Article Source: http://EzineArticles.com/?expert=Andre_Zayas