We serve clients throughout New York State including those in the following localities: Cayuga County including Auburn, Moravia, and Weedsport; Onondaga County including Baldwinsville, Camillus, Cicero, Clay, East Syracuse, Fayetteville, Jamesville, Kirkville, Liverpool, Manlius, Marcellus, Skaneateles, and Syracuse; Ontario County including Canandaigua, Farmington, Geneva, and Victor; Seneca County including Seneca Falls and Waterloo; Broome County including Binghamton, Endicott, and Johnson City; and Monroe County including Rochester. View More
In an action against a surgeon for malpractice, the jury should be instructed that the plaintiff must show by a preponderance of the evidence and the jury must find that the defendant in the performance of his service either did some particular thing or things that physicians and surgeons of ordinary skill, care and diligence would not have done under the same or similar circumstances, or that the defendant failed or omitted to do some particular thing or things which physicians and surgeons of ordinary skill, care and diligence would have done under the same or similar circumstances.
Incidents of medical misdiagnoses are often higher in ERs than a doctor’s private office. The hospital staff is under tight time constraints since they usually have a waiting room full of patients to see. Therefore, they try to treat and release patients as quickly as possible. These negligent ER mistakes can be devastating since many patients who are there are in need of immediate assistance.
There is only a limited time during which a medical malpractice lawsuit can be filed. In the United States, these time limits are set by statute. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods." The length of the time period and when that period begins vary per jurisdiction and type of malpractice. Therefore, each state has different time limits set.[18] For example, in Pennsylvania, there is a two-year statute of limitation,[20] but in other states the limitations period may be longer. Most states have special provisions for minors that may potentially extend the statute of limitations for a minor who has been injured as the result of medical malpractice.[21]

In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits.[1] Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning "the king can do no wrong."[2] In some situations, sovereign immunity may be waived by law.
Seek out an appropriate specialist who can treat your specific injury.  Give the doctor your full medical history, including the circumstances surrounding the recent medical error.  Remember that medical records are the most important factors when determining a doctor’s error.  Make sure you give the new doctor enough correct and thorough information to ensure that the charts accurately record your state of health following the medical error.  To make sure your doctor fully understands your present condition and that these facts are properly recorded, be sure to share the “complete picture” by explaining what your health was like before, during, and after the accident, as well as your current condition.  Make sure your new doctor has access to any medical records that may impact his/her diagnosis and plan for treatment.
Trying to resolve your workers compensation or medical malpractice claim can be frustrating, difficult, and time consuming. But help is available. Contact workers comp attorney and Newport News medical malpractice attorney Corey Pollard today for help resolving your case. And if you’re unable to return to work because of your industrial accident or the damages caused by medical negligence, we’ll help you get approved for Social Security disability benefits.

The vast majority of cases will ultimately hinge on which medical expert the jury decides to believe. It is true that as the case develops and the experts are deposed, your attorney may have more of an educated guess about how things might go in court, but there will never be certainty. Medical facts are too complex and the influences on jurors too unpredictable.


Navy Medical Malpractice Birth Injury $2,322,359 received by clients with lifetime benefits $600,000 attorneys' fees $77,641 litigation expenses Carman v. United States Portsmouth Naval Medical Center During labor and delivery, Navy providers failed to timely respond to our client's placental abruption causing permanent and severe brain damage to her baby.
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Finally, as part of the discovery process, an injured plaintiff may be required to undergo an independent medical examination to confirm the physical injuries alleged. The law allows the defendant to identify a qualified medical expert and force the injured party to undergo a noninvasive examination. Should this occur, we will again prepare you for the examination.

Ex.: Texas has a two-year statute of limitations for medical malpractice cases, and has adopted the continuous treatment rule. If a doctor in Texas causes an injury during surgery, and continues to treat the patient for that injury for 4 more years, then the statute of limitations does not begin to run until the doctor has completed treatment. So, the patient in this example has a total of 6 years to file a lawsuit after the injury was inflicted.

This list is not exhaustive. Nor is every item on the list a malpractice lawsuit per se. Recall the four elements above. For a psychiatrist to be liable for malpractice, he or she must have failed to take reasonable care, and the patient must have suffered injury as a result. A doctor can take reasonable care and still make an incorrect judgment call, so not every incorrect decision is actionable as malpractice. However, some items on the list—for example, engaging in a sexual relationship with a patient—almost always lead to prevailing malpractice claims.

“We comply, where applicable, with the SRA Code of Conduct 2011 published by the Solicitors Regulation Authority, and any solicitor [or registered European lawyer] to whom we may refer you is an independent professional from whom you will receive impartial and confidential advice. You are free to choose another solicitor [or registered European lawyer]"

To be able to file a medical negligence claim, you must ensure the statute of limitations (or time period in which you can file a claim) has not expired. The statute of limitations for medical negligence claims will vary from state to state, so it is important to consult with your attorney about how long you have to file your lawsuit. In most states, this window of time is about two years.


Doctors typically require patients to sign a consent form detailing the risks of any given treatment or procedure. But signing a form alone does not necessarily prove that the patient gave informed consent. The doctor must actually discuss the procedure and risks with the patient. And the patient must understand, to the extent possible, the risks he or she faces.
When Congress enacted Title 42 U.S. Code §1983 and other federal civil rights laws for the redress of violations of these rights, it did not extend liability to federal officials and employees. Instead, these laws were held to apply to "state action", and the actions of county and municipal government (except when federal officials conspired with others. See Fonda v. Gray, 1983(CA 9) CAL 707 F.2d. 435.)
Again – so what? Do you really want to be going to a doctor that injured you and caused you pain and suffering? There are much better options out there. You found this doctor. You’ll find another one. There are numerous resources available to help you find a new, more competent physician. A simple Google search of “find doctor New York” will yield a multitude of websites designed to do just that. If you have health insurance, contact your insurance company. They can usually provide you with a list of doctors in your area that are covered by your plan. Also, don’t under-estimate the value of your friends and family as a helpful resource regardless of whether or not you have insurance. Talk to them to find out what doctors with whom they entrust their health. In no time at all, you will be sure to find the right doctor for you.
In the mid 1990s the concept of a ‘gratuitous care’ award was developed by the High Court.  Basically, if you can’t look after yourself or your house (or in some cases your children) because of your injuries, then you can claim the cost of a commercial carer or cleaner even though your family is doing the tasks you can’t do.  For a while this was a very lucrative area of damages but now there are laws that place both a threshold and a cap on what you can claim.  Put simply, you aren’t entitled to any gratuitous care award unless you need at least 6 hours of assistance per week for at least 6 continuous months and the hourly rate of any award is capped at the Average Weekly Earnings hourly rate.  You should be careful, however, not to confuse gratuitous care with commercial care, which is a different claim for damages entirely and which is not the subject of thresholds or caps.
As an analysis of the bill from Texas’ Senate Research Center notes, the “wrongful birth” cause of action was originally recognized in 1975 by the Texas Supreme Court, which ruled in favor of the parents of a child with disabilities in Jacobs v. Theimer. The doctor did not inform the plaintiff that she had contracted rubella, which is known to cause “severe birth defects in infants.”
Remember that a complaint does not initiate a law suit.  If you wish to take legal action against your doctor, you should consult with a medical malpractice attorney who can evaluate your situation and provide legal advice.  If you feel that your doctor’s actions rose to the level of criminal behavior, contact the district attorney in the jurisdiction where your physician practices. 

Under the FTCA, you can’t just go directly to the courts to file a lawsuit. You must first go to the VA or other federal agency that harmed you and notify them of your complaint. You must give the agency the opportunity to settle the claim. Only when the agency refuses, takes no action, or comes back with an unacceptable settlement offer can you file a suit for damages.

Perhaps least surprising is that doctors give overly positive prognoses. It's hard to deliver bad news, especially when a patient has run out of options, and until recently doctors have had little training in how to do so. But Iezzoni said patients with the worst outlook especially deserve to know, so they can get their affairs in order, and patient studies have found most want to know.


The administration of anesthesia poses a high risk during a surgical procedure. This is the reason why anesthesiologists practice such a focused medicine. Anesthesia errors can lead to a brain injury or organ failures. Anesthesia errors can also lead to death via asphyxia or heart failure. In some cases, medication administered to a patient prior to a surgical procedure can affect the drugs used for anesthesia. An anesthesiologist must thoroughly examine the patient’s medical records before making a decision on the type or mixture of drugs to use to anesthetize the patient for surgery. A failure to do so can result in serious injury to the patient and this may be grounds for a negligence claim.
Doctor negligence claims can be complex as it can often be difficult to show that the injury or illness you are suffering from has been caused or exacerbated by the negligence of your GP. Your solicitor will arrange for you to be assessed by an independent medical expert who will assess your injuries and/or illness and will advise on whether the symptoms you are experiencing have been caused by the negligent actions (or inactions) of your GP.
Many factors are taken into consideration when determining the level of compensation to which you are entitled. The severity of the injury is perhaps the most important factor. We are able to provide advice as to the reasonable value of your claim based on our years of experience in handling medical malpractice, nursing home negligence, personal injury and wrongful death cases. The following is a list of recent awards we obtained for our clients.
Medical malpractice involves an injury brought about by a breach in the duty of care that a doctor or another medical professional owes their patient. A glaring example might be if the doctor sewed you up with a medical tool left inside of your body, but a less obvious one might be misdiagnosing you and treating a disease that you do not have while neglecting to treat the one they failed to diagnose.

A medical malpractice case isn't the kind of legal action you want to try handling on your own. These cases can get very complex from a legal, medical, and procedural standpoint. Proving your case is going to require not just a firm understanding of the law as it applies to your situation, but a familiarity with the kinds of hoops a medical malpractice plaintiff needs to jump through, including the retention of the right expert medical witness.
In order to succeed with a medical malpractice claim you must prove that your doctor or other health care provider’s treatment of you was “negligent”, which in medical malpractice cases is defined as treatment that falls below the “standard of care” of practice for a reasonable practitioner in a particular area of medicine. Just proving you had a bad result from a medical treatment or procedure is not sufficient; some bad results can occur even when your doctor was not negligent. Sometimes there are “known risks” that are unavoidable with certain surgeries, treatments or medication. Further, even proving a departure from the standard of care is not enough! You must then prove that the mistake or error “proximately caused” the injury or damage to you. For example, your doctor may have departed from a reasonable standard of care in not diagnosing properly your fractured wrist. Maybe he completely overlooked the fracture. But what if he had properly diagnosed it? Would your wrist be any better now? If a proper diagnosis would not have lead to a better result, then there is no “causation” between your doctor’s negligence and your injury. In other words, “no harm, no foul”. A good medical malpractice lawyer knows how to analyze carefully the “elements” (what you have to prove) of a medical malpractice case. He or she also knows how to present these elements to a jury. The Syracuse medical malpractice lawyers of Michaels & Smolak has the skill, experience and expertise to maximize your chances of prevailing. So contact us for a free consultation.

Filing a complaint against a doctor with your state’s medical board is usually the first step in bringing disciplinary action against a doctor. Although the particulars vary by state, when the board receives complaints against doctors, it enters them into a system. The board then reviews complaints or refers them to another agency if needed. The medical board may ask to see medical records. If you complain about a doctor, the medical board will not disclose your identity.

Furthermore, we all inform our patients to some degree about the risks and benefits of procedures, meds, etc. Never have I heard that one's own track record or disciplinary history should be included. And in this case we don't for what the doc was disciplined or what led to the death. It may or may not have been relevant to Willis. The real issue here is whether he failed to warn her of the possibility of the perforation. The only thing going for the plaintiff here is that she likely claims that she would have chosen a different surgeon had she known the truth. Easy to say in retrospect when plaintiff and attorneys stand to gain $$. And apparently the same complication could as easily have occurred with a different surgeon anyway.
In order to take legal action against a medical doctor for malpractice, you cannot just simply file a lawsuit with the court. Rather, you must first send a notice to the doctor, indicating to him or her that you are planning to file a lawsuit for medical malpractice. After filing the notice, there may be a waiting period before the injured patient is eligible to file a lawsuit.

It is usually the case that a visit to our doctor will be enough to receive the medical advice required to send us away on the road to recovery without any further intervention being required. However, on occasion, GPs act negligently which results in complications being suffered by the patient. This may lead to further treatment or surgery which would have been unnecessary but for the GP’s negligence.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
Many litigants facing civil lawsuits in which the United States is the plaintiff have erroneously sought to counterclaim against the U.S. The United States, however, to this date has not waived sovereign immunity for claims for damages, (See United States v. Northside Realty Associates, 324 F.Supp. 287, 291 (N.D. GA 1971) (dismissing a counterclaim asserted against the Attorney General where plaintiff in the suit was the United States on the ground that although the suit was initiated by the Attorney General, the real party in interest was the United States).
Firstly , WebMD won't help at all (hasn't really helped anyone). Secondly here's the catch: Every doctor lies slightly. Most doctors don't prescribe spot-on medications , just ones that'll do the job and which pay them better. But don't think your doc is a golden-eyed business tycoon. They do their jobs very well. But to know if he/she is lying much out of range , consult a more experienced doctors or someone whose practice years exceed your doc. If your suspicion is right , you can even sue the doctor if you want lol. Just kidding. Go with personal opinions and choose one who has been actually effective for a larger no of people ( and I don't mean those paid smiley faces on billboards and light parties ).
In 2013, BMJ Open performed a study in which they found that "failure to diagnose" accounted for the largest portion of medical malpractice claims brought against health professionals. Furthermore, the study found that the most common result of this negligence was death of the patient.[9] The other most common categories of malpractice include negligent treatment and failure to warn.
The principle was not mentioned in the original United States Constitution. The courts have recognized it both as a principle that was inherited from English common law, and as a practical, logical inference (that the government cannot be compelled by the courts because it is the power of the government that creates the courts in the first place).[10]
In 2013, BMJ Open performed a study in which they found that "failure to diagnose" accounted for the largest portion of medical malpractice claims brought against health professionals. Furthermore, the study found that the most common result of this negligence was death of the patient.[9] The other most common categories of malpractice include negligent treatment and failure to warn.

Differential diagnosis is a systemic method used by doctors to identify a disease or condition in a patient. Based upon a preliminary evaluation of the patient, the doctor makes a list of diagnoses in order of probability. The physician then tests the strength of each diagnosis by making further medical observations of the patient, asking detailed questions about symptoms and medical history, ordering tests, or referring the patient to specialists. Ideally, a number of potential diagnoses will be ruled out as the investigation progresses, and only one diagnosis will remain at the end. Of course, given the uncertain nature of medicine, this is not always the case.
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
In addition, the fact that you like your doctor doesn’t actually mean that he’s any good at what he does. It would be a mistake to let your doctor get away with malpractice if he is exercising a poor quality of care. Remember: the fact that he’s a nice guy doesn’t mean he’s a competent physician. Don’t you want to receive compensation for your injury or the injury of a loved one and possibly keep him from injuring someone else?
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