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The blog of PEGALIS & ERICKSON, LLC: a medical malpractice law firm in Long Island representing those suffering from injuries caused by medical errors. Contact us for a free legal consultation today.

What Is Considered Substandard Health Care?

Sub-standard care is a term that you may hear regarding medical malpractice incidents. If a medical malpractice attorney files a lawsuit on your behalf, he or she will need to prove that the doctor provided sub-standard care that was a cause of your injuries. To accomplish this, your lawyer may have an expert witness testify about what the doctor should have done to meet the standard of care.

The medical standard of care is what a similarly trained healthcare provider would have done for the same patient under similar circumstances. For example, it’s widely accepted that if a patient arrives at the ER with chest pain, an emergency room physician would test for a heart attack. If the doctor fails to request the tests necessary to rule out or in a heart attack so proper treatment can be instituted, then he or she would have provided sub-standard medical care.

If you have any other questions about medical malpractice, you can count on the dedicated team at Pegalis & Erickson, LLC—a malpractice law firm on Long Island, New York. Call us at (516) 858-2194 to request an appointment.

Should You Take Legal Action Against Your Medical Provider?

Patients place considerable trust in their doctors, specialists, and nurses. Although healthcare providers are highly trained and the medical industry is tightly regulated, countless medical mistakes occur every year. Medical malpractice lawyers are dedicated individuals who seek to hold negligent healthcare providers accountable for their actions. However, the decision to take legal action against a doctor should not be taken lightly. If you’re a patient who has been harmed, you can count on your medical malpractice attorney to provide the sound legal guidance you need to make a decision.

Getting a Second Opinion
Sometimes, medical treatments simply don’t work as well as a patient hopes they will. A poor health outcome doesn’t automatically mean that the doctor was negligent, but it is a good idea to be a proactive patient by seeking a second opinion from another medical provider. Be sure to have your medical records transferred to the second provider’s office. If you have any test results or imaging scans, bring those with you to your appointment. Plan to ask plenty of questions and take notes about whether the diagnosis you originally received might have been inaccurate or whether the treatment was inappropriate.

Establishing the Elements of Medical Malpractice
If you have suffered a harmful, unanticipated outcome after medical treatment, it may be time to consult a lawyer about possible legal action. Your attorney will review your case, including your medical records, to determine if all of the elements of medical malpractice are present. These elements are:

  • A doctor-patient relationship existed.
  • Your doctor gave you sub-standard care.
  • The sub-standard care caused your injuries.
  • You sustained damages because of the doctor’s negligence.

Understanding the Legal Proceedings
If your lawyer finds that your case has the basis for a lawsuit, it’s time to decide if you wish to move forward. For many patients, legal action allows them to pay their medical bills and meet their future care needs. But it’s important to understand that not all lawsuits are successful. Hiring the right medical malpractice attorney can make all the difference.

At Pegalis & Erickson, LLC, we understand how difficult it can be to make legal decisions in the aftermath of a major injury or illness. Our medical malpractice attorneys on Long Island, New York offer effective legal advocacy services that can help your family move forward. Call us at (516) 858-2194 today to request a free case review.

Common Questions About Cerebral Palsy

Cerebral palsy is a category of movement disorders. It is a non-progressive disorder, which means that it doesn’t grow worse over time. Unfortunately, it’s also currently incurable. Children with cerebral palsy have varying degrees and types of impairment, but parents can generally expect that they will require a lifetime of care. After the diagnosis, you may have lots of questions about what cerebral palsy means for your family. A cerebral palsy lawyer can guide you through this difficult transition.

What can cause cerebral palsy?
Cerebral palsy is the result of damage to the developing brain. This damage may be inflicted by injuries, diseases, or developmental disorders. It may occur during pregnancy or at or around the child’s birth. In some cases, cerebral palsy is the result of medical negligence. For instance, a healthcare provider may fail to detect and treat fetal distress during labor. Fetal distress may indicate a need for an emergency C-section to restore oxygen to the child’s brain and prevent brain damage.

How will cerebral palsy affect my child?
Cerebral palsy affects each child differently, although all forms of cerebral palsy affect a person’s movement, muscle tone, or posture. Some children have involuntary movements, rigidity, abnormal reflexes, problems swallowing, or eye muscle imbalance. A child with cerebral palsy may have any of the following problems:

  • Developmental delays
  • Difficulty walking
  • Speech delays
  • Seizures
  • Intellectual disabilities
  • Psychiatric conditions
  • Vision or hearing impairments
  • Abnormal pain perceptions
  • Swallowing issues
  • Urinary incontinence

Are there any treatments available?

Although cerebral palsy is incurable, treatments are available to help children achieve greater functional abilities and better quality of life. A child’s treatment plan depends on his or her needs. Medications, physical therapy, and orthopedic surgery can improve problems associated with movement. Speech therapy can help children overcome communication barriers. Parents may be referred to a life care planner to get a good idea of the care their children will need for a lifetime.

The medical negligence law firm of Pegalis & Erickson, LLC puts its considerable resources to work on behalf of the families we represent. It’s our mission to help families affected by medical malpractice get the compensation they need to take care of their children. You can call (516) 858-2194 to request a confidential consultation with a cerebral palsy lawyer on Long Island, New York.

A Look at Hospital-Acquired Infections

Medical malpractice lawyers know all too well the serious consequences of poor sanitation in hospitals. In fact, hospital-acquired infections are a leading cause of re-admittance to hospitals. Some of those infections are spread with improperly cleaned medical equipment that is reused from one patient to the next. Hospitals are expected to follow strict sterilization procedures as determined by the manufacturer, but sometimes surgical instruments simply aren’t cleaned as effectively as they ought to be.

In some cases, the hospital might not be the only entity responsible for a patient’s infection. If the hospital did follow sterilization protocols, the responsibility may lie with the manufacturer. Some medical instruments could be found to be defective in design if there are so many complex components that the sterilization guidelines are ineffective.

If you feel that a hospital-acquired infection may be attributable to medical malpractice, you’re invited to connect with the team at Pegalis & Erickson, LLC at (516) 858-2194. At our malpractice law firm on Long Island, New York, our experienced medical negligence lawyers will thoroughly investigate your case.

The Importance of Medical Screening

Medical or health screenings are exams and tests that are performed on a routine basis despite the absence of symptoms. Routine health screenings are a cornerstone of preventive healthcare because they allow doctors to detect medical problems as early as possible—often before symptoms develop. With early detection, patients can receive prompt treatment to support their wellness. Your primary care physician should recommend health screenings that are appropriate for you, but many doctors fail to stay on top of patient records. Medical malpractice lawyers encourage their clients to be proactive patients.Take the initiative to ask your doctor if you’re due for any health screenings.

Some common health screenings include tests for blood pressure, cholesterol levels, and blood glucose. Patients with high blood glucose levels often don’t recognize the signs and symptoms of this problem, and patients with high blood pressure or abnormal cholesterol levels won’t experience symptoms. There are also routine cancer screening tests such as mammography, colonscopy, PSA testing, and Paps Smears which should be discussed with your doctor. Despite the lack of symptoms, these conditions can cause serious, long-term problems and sometimes cause death if left untreated.

Diagnostic failures and medication errors are just two types of medical malpractice that patients may encounter. Call the malpractice law firm of Pegalis & Erickson, LLC on Long Island, New York at (516) 858-2194 for a free case review.

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