Preventable medical errors account for over 250,000 deaths per year. Medical errors are the 3rd leading cause of death and account for 10% of all deaths annually. Between 44,000 and 98,000 people die in hospitals around the United States every year. Medical errors can include lapses in judgment, skill or coordination of care, mistaken diagnoses, system failures that lead to patient deaths or the failure to rescue dying patients, and preventable complications of care. 

Our vast experience defending hospitals and clinics, including the Department of Veteran Affairs, has provided us with unique experience and familiarity with the inner-workings of these health systems, and the strategies that they employ to mitigate their losses in failing to protect your loved one and to provide them with the quality care that they deserve.

Some of the circumstances which may justify the pursuit of a medical malpractice lawsuit would include the following:

  • post-operative retention of a sponge, surgical instrument or other foreign body following surgery;
  • medication errors such as the prescription of a contra-indicated drug, the use of the wrong medicine, a prescribed drug overdose, failure to administer a drug ordered for a patient, or the administration of an incorrect dosage of a prescribed or needed drug;
  • a surgeon who operates or a doctor who practices medicine while under the influence of alcohol or drugs;
  • sexual molestation, sexual misconduct, or offensive behavior by a doctor, nurse or other health care professional;
  • failure to accurately diagnose acute coronary symptoms which lead to heart attack, stroke or other cardiovascular event;
  • obstetrical mismanagement of labor leading to birth injuries such as anoxic brain injury, Cerebral Palsy, Erbs Palsy, or brachial plexus injury;
  • use of an unsafe, tainted, infected or contaminated blood product, a tissue implant, bone graft, orthopedic replacement product, implantable device or surgical instrument;
  • use of an unsafe drug or defective medical device;
  • surgical errors causing injury to surrounding nerves or organs, or operating room negligence leading to complications following surgery;
  • operation on the wrong part or wrong side of the body;
  • failure of a hospital to ensure the competency of a nurse or physician;
  • mistakes in the reading or interpretation of x-rays, mammograms, MRI’s, or other radiology studies;
  • failure to obtain the patient’s informed consent prior to a procedure;
  • disclosure of incorrect information about the results of medical tests;
  • mistakes during the administration of anesthesia;
  • failure to correctly diagnose a condition, or delay in the diagnosis of cancer or other progressive diseases;
  • failure to prevent a fall or the dropping of a patient during bed transfers;
  • a nurse’s failure to read or follow written physician orders, or failure to communicate changes in the patient’s condition to the physician;
  • a hospital’s failure to have or to maintain in good working order needed medical equipment;
  • failure to prevent a suicidal, psychotic or psychiatric patient from injuring themselves or someone else;
  • failure to protect a patient from attack or assault by another patient, healthcare employee or someone who enters the hospital premises, and
  • wrongful death.

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