Some states have passed laws that limit the amount of money a victim of medical malpractice can be awarded. In Illinois, the limit applied only to damages awarded for pain and suffering, rather than money awarded to compensate victims for medical expenses and other measurable costs. The cap was set at one million dollars for hospitals and $500,000 for awards that find individual doctors liable for the medical mistakes. Fortunately, those limitations were declared unconstitutional by the Illinois Supreme Court. You can watch this video to hear more about the decision. Although the ruling applies to Illinois cases, the decision resonates across the entire country. This video also covers the story of little Abigail, a child who will suffer severe disabilities for her entire life because of a medical mistake.
Have you or a loved one suffered from possible medical malpractice? Call the medical malpractice attorneys of Pegalis & Erickson in Long Island at (516) 684-2900.
Healthcare experts strongly advise parents to vaccinate their children according to the schedule recommended by a pediatrician. The benefits of childhood vaccination are immeasurable. They save lives by preventing youngsters from contracting serious, life-threatening diseases. Plus, they protect the population as a whole by preventing the spread of infections. Unfortunately, parents are increasingly choosing not to vaccinate their children because of concerns over side effects.
Researchers evaluating the safety of vaccinations have concluded that serious complications are rare, and that vaccinations are safe and effective means of protecting children. According to an article published in Medscape, researchers concluded that intussusception, a serious intestinal problem, occurred only rarely as a complication of the RotaTeq and Rotarix vaccinations. There were only 5.1 cases per 100,000 Rotarix doses and only 1.1 to 1.5 cases per 100,000 doses of RotaTeq.
Parents who suspect their child has been treated inaccurately or with mistaken treatment indicating possible medical malpractice are encouraged to get in touch with a medical injuries lawyer right away. You can reach Pegalis & Erickson of Long Island at (516) 684-2900 to explore your legal rights.
Cerebral palsy refers to a group of neurological disorders that cause lifelong problems with muscle movements and coordination. Often children with cerebral palsy may also have autistic like behaviors. Cerebral palsy is incurable, and can also include learning disabilities, seizures, blindness, and deafness. Although cerebral palsy can sometimes be caused by genetic mutations, other possible causes include oxygen deprivation as a result of medical malpractice during pregnancy, labor, or delivery. If your young child is diagnosed with autism, autistic tendencies, or cerebral palsy, promptly talk with a medical malpractice lawyer to determine if medical mistakes could be the cause.
Failing to diagnose problems causes life-long harm
A potential cause of cerebral palsy as a result of premature birth is an infection in the mother during pregnancy, referred to as a maternal infection. The infection can cause premature rupture of the membranes and early delivery. Obstetricians have a responsibility to diagnose problems such as these. Failure to diagnose is often the basis of a medical malpractice lawsuit. A doctor may also be held liable for failing to diagnose a prolapsed umbilical cord. An attending nurse may be held liable for failing to monitor the fetal heart rate throughout labor and delivery. An abnormal fetal heart rate can indicate problems with the child that require prompt medical responses.
Failing to Quickly and Accurately Provide Treatment
Diagnosing a mother and child’s potential problems that can lead to cerebral palsy is only one part of the equation. Medical care teams must administer proper treatment to prevent permanent brain damage. Failing to do so can constitute medical malpractice. For example, if a nurse properly monitors the fetal heart rate and detects a problem, the obstetrician is responsible for performing a timely, correct C-section to prevent a child from suffering damage. Failing to perform a C-section or delaying a medically necessary C-section can lead to cerebral palsy. These medical mistakes are often allegations in medical malpractice lawsuits.
For forty years, the medical malpractice attorneys of Pegalis & Erickson have taken the responsibility of helping children with the lifelong implications of cerebral palsy. Our medical malpractice team will work tirelessly on your behalf to ensure your family receives the compensation you need to care for your child. Families of Long Island and throughout the U.S. can call (516) 684-2900 to arrange for legal representation.
There’s a good reason why people suffering medical injuries work closely with medical malpractice lawyers rather than trying to handle the case themselves, or entrusting their case to someone without the proper experience. Not only is timing important, but the law for medical/legal issues are highly complex and sometimes difficult to understand. Your medical malpractice attorney can help you understand how the litigation process works and explain any unfamiliar terms to you.
Statute of Limitations
Each state in the USA has different statutes of limitations for various types of lawsuits. A statute of limitations is a set period of time in which a person can file a claim, or a lawsuit. Beyond that period of time, a person loses the right to file a claim?
The parties are the individuals or organizations involved in a lawsuit. If you file a medical malpractice lawsuit, you are the plaintiff. The parties you are suing are the defendants. For example, your legal action could name a specific doctor and an entire hospital as the defendants. A lawsuit may have multiple defendants and plaintiffs.
After filing a lawsuit, your medical malpractice lawyer will try to prove that the defendants are liable for medical mistakes. Liability means that an individual is at fault for a mistake. When a jury rules in favor of a plaintiff, the defendants are found to be liable.
Standard of Care
The standard of care is the generally accepted protocol for the diagnosis and treatment of a patient. That is, most medical professionals would agree to it. Medical malpractice lawyers often prove that defendants have breached the standard of care, or have failed to provide it. A breach in the standard of care is medical negligence, for which a healthcare provider may be held liable.
At Pegalis & Erickson of Long Island, our medical malpractice lawyers will walk you through each step of the litigation process and thoroughly answer all of your questions. We work only with plaintiffs/patients and our team has four decades of experience advocating for the rights of those who have suffered due to medical mistakes. Call our medical malpractice law firm today at (516) 684-2900 to arrange an initial consultation.
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