|
|
 |
 Meet Attorney Margolin
FAQ
Cases News
and Views Articles
Info For Referring Attorneys
Links
Home
Contact
MedErrorLaw.Com
Catastrophic Injuries
Medication Errors
Medical Malpractice
Personal Injury Law
Spinal Cord Injury
Traumatic Brain Injury
Wrongful Death
|
|
MEDICAL MALPRACTICE
Doctors, nurses and other health care providers spend a great deal of time learning how to treat a great variety of illnesses and physical maladies. As a group they are professionals dedicated to helping alleviate the ailments that can plague mankind. Unfortunately, health care providers can also make mistakes. When mistakes are made the effects can be devastating. In fact, according to the National Academy of Sciences, approximately 98,000 Americans die from "medical mistakes" each year. Medical malpractice is a form of negligence involving a medical treatment provider. If someone is injured as a result of a treatment provider's digression from the standard of care, that treater may be liable for the injury that has occurred. The determination of whether a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region. In other words, what would a reasonably competent medical professional practicing in the same field as the defendant, and in the same area of the defendant, do under the circumstances that the defendant was facing with respect to care and treatment of the patient? Medical malpractice does not occur every time there is a bad outcome from treatment. It is simply a duty to provide good care according to the accepted standards of the community and/or the accepted standards of a particular medical specialty. The law generally recognizes the practice of medicine as an "art" rather than as an exact science. Therefore, some latitude is given to practitioners with respect to the manner in which they choose to address the problems of specific patients. If you or a loved one has suffered an injury as a result of possible malpractice, call The Law Office of Kenneth N. Margolin, P.C. at (617) 641-9600 or toll free (800) 239-2412 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations so please call right away to ensure that you do not waive your right to possible compensation. Medication Error -
Attorney Kenneth N. Margolin obtains $7.1 million jury verdict ($10.2 million,
with interest) for infant brain damaged by medication overdose (click
here for full details)
Medication Error - Anesthesia and Hospital Administration Negligence
A healthy 41 year old mother of four children died as a result of being administered
the wrong anesthesia during routine surgery. The tragedy occurred in a backdrop
of the big business of medicine overshadowing patient care. The hospital, deep
in financial debt, was searching for a takeover by a large health care corporation,
and had a freeze on hiring permanent physicians in the anesthesia department.
As a result, the patient was treated by an anesthesiologist on a three month
contract and a nurse anesthetist hired from a temp agency. Neither of these
temporary workers received any training or orientation to the hospital. They
neither communicated adequately with each other or any other members of my client's
operating team. She was given the wrong kind of anesthesia because the anesthesiologist
and nurse anesthetist were confused as to what kind of surgery was to be performed.
In the midst of the operation, my client was given additional anesthesia incorrectly,
causing her to vomit into her lungs, which was fatal. My client died because
the business interests of the hospital were put before patient safety.
$2,815,000 Recovered
Medical Malpractice - Obstetric
The obstetrician ignored signs of fetal distress and delayed too long before
delivering of the baby by cesaerean section. The baby aspirated meconium (feculent
matter) and suffered brain damage. Part of the defense that had to be overcome
was a claim that C-sections are overused, and that the doctor was correct in
waiting. Our top notch experts were prepared to testify that the policy debate
over cesearean section was irrelevant to this case, in which the procedure was
clearly required.
$750,000 Recovered
Medical Malpractice - Obstetric
My client's child's shoulder became stuck beneath the mother's pubis symphasis
bone, a condition known as shoulder dystocia. Instead of using one of several
appropriate maneuvers to free the child without injury, or performing a caesarean
section, the doctor pulled straight down on the child's head, tearing the brachial
plexus nerve and causing permanent limpness and weakness in the child's right
arm.
$450,000 Recovered
Medical Malpractice - Surgical
A 16 year old boy with mental retardation and cerebral palsy, required an operation
for scoliosis - curvature of the spine. The surgeon improperly placed a hook
used to secure a Harrington rod to the boy's spine. When the hook pressed on
the boy's spinal column, the surgeon ignored classic signs of nerve compression,
and delayed removal of the hook until permanent nerve damage was done. The boy
lost the ability to feel the need to urinate, and therefore did not know when
he needed to use the bathroom. That disability, along with his significant mental
retardation, will require him to receive more intensive help in his assisted
living in work situations, than he would otherwise have needed. His level of
independent functioning was thus compromised.
$275,000 Recovered
Medical Malpractice – Anesthesia and Surgical
My 62 year old client entered the hospital for routine insertion of a tesio
catheter into her jugular vein for kidney dialysis. The surgeon pierced the
vein causing internal bleeding. Rather than diagnose the cause and extent of
the bleed so that the vein could be stitched, he applied pressure for a half-hour,
during which my client lost 1/3 of her body’s blood. The bleeding caused
a large hematoma to press on her trachea, which prevented her from breathing
properly and required intubation by the anesthesiologist. Despite her weakened
condition and the hematoma pressing on her trachea, the anesthesiologist took
out her breathing tube the moment the operation ended, causing her to go into
cardiac arrest and to suffer prolonged lack of oxygen and permanent brain damage.Case Ongoing
Medical Malpractice – Failure to Diagnose Colon Cancer
My client was a healthy, vigorous, 62 year old man, dean of a university department,
married and father of 2 children. When he presented to his managed care doctor
with classic signs of early colon cancer, the doctor failed to order a colonoscopy.
Instead, he ordered a signmoidoscopy, which does not visualize the whole colon,
as does a colonoscopy. The sigmoidoscopy did not detect a malignant tumor in
the furthest portion of the colon. Several years went by before the client experienced
symptoms of fatigue and weight loss. At that he changed physicians. The new
doctor ordered a colonoscopy which discovered the colon cancer which had spread
to his liver. Despite aggressive treatment, he died within a year. Colon cancer
is slow-growing. Had the colonoscopy been ordered when the symptoms first appeared,
the cancer would have been completely cureable.Case Ongoing
|
|
 |
|
This
website is intended to provide information about the Law Office of Kenneth
N., Margolin, P.C. , and is not intended to provide legal advice, nor
is it a substitute for legal counsel. Contacting us or submitting a case
description does not create an attorney-client relationship. We will attempt
to answer all inquiries, but are under no legal obligation to do so. Compliance
with all notice requirements and statutes of limitations remains your
sole responsibility. An attorney-client relationship with us cannot be
created by telephone or email, but only by a written retainer agreement
signed by both attorney and client.
© Copyright 2019 – Margolin Law, All Rights Reserved. | ||||||