Posts Tagged ‘medical malpractice lawsuits’

Woman Sues over Sons’ Erb’s Palsy

Wednesday, January 21st, 2009

A mother of two boys with Erb’s palsy is suing New York City Health and Hospitals Corporation for medical negligence and malpractice. Erb’s palsy is a type of nerve injury that results in partial, sometimes permanent, paralysis of the arm or hand. It is almost always due to injury during birth.

The two boys were born one year apart in 2006 and 2007, but both were delivered at Queens Hospital Center. Their mother claims that “excessive force was used to deliver the babies,” and that this excessive force caused the Erb’s palsy.

In a lawsuit over filed for her second son, the woman claims that the doctors failed to properly handle her prenatal care and to perform a Caesarean section to prevent injury. The deadline for filing a lawsuit over her first son’s injury has passed, but she has asked a judge to extend the deadline.

A Note on Legal Deadlines
All medical malpractice cases are subject to such deadlines, which usually range from one to three years, depending on the state in which the lawsuit is filed. It is crucial for individuals who are considering filing a case to make sure they are within the statute of limitations, the term used to describe legal deadlines, otherwise they may end up forfeiting their right to seek damages.

Medical Lawyers

Friday, October 24th, 2008

Medical malpractice happens when a doctor or medical professional fails to provide their patient with appropriate standard of care that another doctor or medical professional would provide in the same situation, causing injury and harm to the patient. People who are victims of medical malpractice have the legal right to sue the doctor in question for damages. But they should know that these types of lawsuits can be complicated, confusing and lengthy. Anyone considering suing a doctor or medical professional for negligence or malpractice should have the services of a medical lawyer on their side.

Medical lawyers specialize in claims and lawsuits involving medical malpractice, doctor’s negligence, hospital and nurse negligence and much more. They are highly trained, and have intricate knowledge of the law with regards to these types of claims. Filing a lawsuit without a medical lawyer can prove detrimental to your case.

There is a lot of research and work involved in malpractice suits, such as obtaining medical records, interviewing and choosing expert witnesses to testify on your behalf, preparing reports, and filing the case with the court. Most of this stuff is a mystery to the average person. Medical lawyers, on the other hand, do this every day, so hiring one to do the legwork for you just make sense.

Medical malpractice suits can take a lot of time, and sometimes drag on for months or even years. Because medical lawyers know the entire process, from start to finish, they are able to handle things much faster than if it were being handled by the patient alone.

The laws governing negligence cases are complicated and confusing. This is probably the most important reason to enlist representation from a medical lawyer. They understand the details of the law, and exactly how to work within them. A good example of this is the statute of limitations that most states impose on medical cases. Not knowing about this statute could easily mean filing a claim too late. Having an attorney will help to ensure that these laws are abided by and the claim is handled in a timely manner.

If the case goes to court, evidence will have to be presented, and testimony given on behalf of the patient. It is extremely difficult for the average person to represent themselves in a court proceeding, because most are unfamiliar with the process. This can lead to disaster, and the case not being successful. Medical lawyers are experts in presenting cases in court, and have a much better chance of winning a claim and getting compensation for the victim.

Most medical lawyers don’t collect any fees or payment until after the case is over, and was successful. This means that it’s absolutely no cost to hire an experienced attorney. Knowing all this, why would anyone choose to go it alone?

Burke & Eisner Law Blog is proudly powered by WordPress
Entries (RSS) and Comments (RSS).